Every father and mother have the obligation to cover the maintenance costs of their children. The father or mother who is caring for her children, can demand from the parent who is not dependent on them, a monthly pension that covers the minor's needs, such as food, housing, health, education and recreation; This monthly pension is what the Law calls Alimony Pension. Even if the father or mother lives with her children, he can be sued to be forced to pay alimony through the SUPA (Unified System of Alimony).

To demand the payment of this alimony, the first thing that must be proved before the Family Judge is the kinship relationship between the minor for whom the alimony is requested and the obligor (father or mother who must pay it). This kinship is proven with the Birth Certificate granted by the Civil Registry and in the event that the father has not recognized her child, a DNA test will be performed previously.

The defendant is obliged to prove his economic income, however in practice, there are few cases that this is true; Therefore, it is recommended that whoever presents the claim, prove the defendant's financial situation with evidence, in this way the Judge will have more information to set a fair Pension. We also suggest that the plaintiff also prove the minor's maintenance expenses, especially in terms of education, clothing, health and recreation; in order to justify the need for the amount that has been demanded and that it be accepted by the Family Judge.

The law determines that for these cases of demand for Alimony, the sponsorship of a lawyer is not required but only to complete a Form of Demand for Alimony; However, we consider that in the judicial process as such, there are technical factors that are known and dominated by the Lawyers, for which there should always be the sponsorship of a private defender or even a Public Defender.

If you wish to obtain the Claim Form, do not hesitate to contact us at our email info@garciayasociados.ec and we will provide you with it at no cost.