In order to prevail for the welfare of minors, the so-called alimony was developed, which can be requested from the corresponding authorities by one of the parents. This is defined as the duty of a person to provide subsistence to another for housing, recreation, education, among others.
The pension can be given by agreement between the parties or through the courts.
UP TO WHAT AGE DOES THE MEAL SUPPORT BE PAID?
The son or daughter is entitled to receive alimony until the age of 18. If there is a type of physical or mental disability, or if you are studying, at a university or an institute, the payment term can be extended to 28 years.
CAN THE SON / DAUGHTER DEMAND A FOOD SUPPORT?
Yes. When they reach the age of majority (they turn 18 years old) the son or daughter can apply for this maintenance. As a main requirement, you need to prove why the claim is made.
Remember that the payment must be monthly and mandatory until the children reach the age of majority.
HOW IS THE FOOD PENSION CALCULATED?
Peruvian law does not establish a specific amount to calculate the amount that must be paid, but there are some criteria that are considered, such as: the income presented by the father or mother, the nutritional need, economic capacity of the debtor, if he has a family burden, among others.
WHAT TO DO IF THE PARENT REFUSES TO PAY THE PENSION?
Those affected can resort to one of these three ways:
– The conciliation.
– The extrajudicial conciliation when the father does not comply with the agreement that was given as a result of the conciliation).
– The judicial process.
You must take into account that if the debtor does not comply, his accounts or the income he receives from his work activity may be garnished. Even, at the request of the plaintiff for alimony, the ex officio judge can derive the corresponding documentation from the prosecution so that the criminal complaint can be formalized.
CAN I GO TO JAIL IF I DON’T PAY?
Yes. According to the Penal Code, the crime of Omission to Family Assistance (OAF) is punishable by up to three years in prison.
REQUIREMENTS TO START A FOOD TRIAL
The copy of the DNI of the applicant.
The child’s or adolescent’s birth certificate.
Full name of the father or mother who is being sued, his address of residence or his place of work.
Proof of studies of the son or daughter.
The ballots, payment receipts or documents on expenses caused by the upbringing of the son or daughter (health, clothing, food, education, recreation, among others).
There is no need to use a lawyer to make this claim. Currently you can start the process by downloading a form, filling it out and presenting it to the Justice of the Peace closest to your home or at any Module Against Family Violence.
This form is valid for both girls, boys and adolescents. It includes several simple aspects to fill in, for which it must be read carefully and filled out carefully, specifying all the data that is requested.
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