In today’s article of Abogados Cabo we will see that, in order to give a true fulfillment to the obligations derived from the birth of a minor, the Civil Code establishes a set of rights and obligations that the father and mother have in principle over the person and the assets of their minor children, that is, it is an obligation for the parents to provide alimony (sustenance) and a right for the children to receive it.
Who can claim child support?
- In general, the claim for alimony is mostly requested by women, whether divorced or not, who require that the father of the minor children pay child support; however, there are also cases in which she requests alimony for herself, for which she must demonstrate before the judge that she does not have a job and that she has been dedicated to the care of the children exclusively.
- In the case of child support proceedings, the needs of the child or children, including food, medical expenses, school expenses, etc., are considered.
When should an action for child support be brought?
A claim for child support is necessary when one of the parents does not comply with this obligation. For that, the parent in charge of the minor must approach a public defender or seek the sponsorship of a private attorney, and then proceed with the claim for alimony in which benefits such as the payment of alimony, school expenses, etc. will be demanded:
- The payment of alimony, both provisional and definitive, in favor of the undersigned, as well as the minor.
- The guardianship and custody in favor of the undersigned and the minor.
- The payment of the expenses and costs that may arise from the trial.
What evidence should I have for an alimony claim?
By legal format, the demand for alimony will be drafted indicating, if applicable, at least the following documentary evidence:
- Certified copy of the marriage certificate, issued by the C. Judge of the Civil Registry, to accredit the marriage. This evidence has the character of public instrument that makes full proof in terms of law.
- Certified copy of the birth certificate, issued by the Civil Registry Judge, corresponding to the child of the parties. This evidence also has the character of public instrument that makes full proof in terms of law.
- Instrumental of proceedings, that is to say, each and every one of the proceedings and documents that make up the file of the alimony claim. Traditionally, the purpose of this evidence is to prove the marriage and/or relationship between the parties, and that the defendant has failed to comply with his or her alimony obligations in favor of the undersigned and the minor.
What legal provisions govern a claim for alimony?
The provisions contained in the Civil Code of the entity where the maintenance claim is filed, which by domicile and residence corresponds, as well as the Code of Civil Procedures, apply.
Are you thinking of filing a maintenance claim? Contact a specialist lawyer and receive more detailed advice on this family law controversy.
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