Food Demand
Wolfenson Lawyers has lawyers focused on family law, to make the alimony of those who need it most effective.
Our study is in charge of processing and defending food demand cases, as well as their increase, decrease and cessation.
In our country, alimony is legally or conventionally regulated (amounts, payment terms, periodicity). For this reason, we provide our clients with excellent advice, in case you want to initiate legal actions, have been sued by alimony or want to regulate and establish a food regime.
Here is a legal guide to provide you with guidance on food law in Chile:
What is alimony law?
Although the law does not define exactly what is to be understood by alimony , authors such as Ramos Pazos have defined it as follows:
"It is the one that the law grants to a person to sue from another who has the means to provide what he needs to subsist modestly in a way that corresponds to his social position and that must cover at least the sustenance (food) , room , clothing, health, mobilization, basic and secondary education and the learning of a profession or trade ”.
Where is the food law regulated?
Mainly, in three legal bodies:
• Civil Code: Between articles 321 and 337.
• Law No. 19.968 (Which creates the Family Courts )
• Law Nº 14.908 (On Family Abandonment and Alimony Payment )
How do we classify alimony?
1.- According to its origin:
• Volunteers , stem from an agreement of will between the supporter and the supporter or from the unilateral declaration of will of the supporter, for example, a maintenance can be granted in a will. Here there is no legal obligation to provide maintenance , but the will is subject to this obligation.
• Legal or forced , Art. 321 and following.
2.- Attending to their permanence in time:
• Provisional, which the court orders to grant while the maintenance judgment is pending, Art. 327.
• Definitive, those that are granted in the corresponding sentence that ends the maintenance judgment or those that are agreed in the judicially approved transaction that ends said judgment .
3.- In response to its enforceability:
• Futures, those not yet callable.
• Accrued , those that can be demanded.
4.- Serving the food:
• Minor Foods , typically foods that are due to descendants , such as children under the age of 21.
• Major Food , those that are due to the ancestors, those that are owed between spouses , those that are due by large donation , or those that are due between siblings .
What are the characteristics of food law in Chile?
The characteristics of this right are mainly the following:
•Untransferable
• Non-transmittable , not transmitted due to death, Art. 334
• Non-waivable
• Imprescriptible
• Inembargable , Art. 1618 Nº 9 CC and Art. 445 Nº 3 CPC
• Although it is tradable , the transaction must be judicially approved , Art. 2451 CC.
These characteristics do not extend to alimony already accrued, once alimony has been accrued , it is perfectly transferable, transferable and waivable.
Who can demand alimony?
Alimony is a right that can be demanded by:
1) The spouse.
two) Children
3) Grandchildren
4) Parents
5) The grandparents.
6) Brothers.
7) The donor who made an important contribution to the feeder .
8) The mother for the unborn child.
When does the obligation to provide alimony end?
Alimony is for the life of the person who requests it; except in the case of children or grandchildren who will only be able to enjoy this right until they are 21 years old or up to 28 years old whenever they are studying. In the event of atrocious injury to the feeder , the right to maintenance also ceases. Finally, due to the defendant's opposition in the context of a paternity suit, the right to demand maintenance in the future is lost.
Prerequisites for demanding food?
Prior to the lawsuit , compulsory mediation must be carried out between the parties in the event that they reach an agreement and the courts are not reached .
What is the competent judge?
A competent judge to hear a maintenance claim is the one who exercises jurisdiction that corresponds to the domicile of the alimony or the domicile of the defendant , at the choice of the plaintiff ( alimony ).
What are provisional foods?
In maintenance pensions trials, the judge must rule on provisional maintenance , along with admitting the claim to be processed , with the sole merit of the documents and background information presented. The judge can also provisionally agree to a demand for an increase or decrease in alimony .
Food must be in accordance with the needs and social position of those who demand it.
The Family Court, when fixing a maintenance, will take into special consideration the economic powers of the parties and the needs of the children, also to determine the amount of the maintenance , the judge must take into consideration the social position of the maintenance .
How is the maintenance tax calculation calculated?
The family judge considers various factors, the evidence given at the trial hearing illustrates not only the food needs but also health, transportation, recreation, clothing, school, habilitation expenses and basic services , among others.
Is there a maximum amount for the pension?
According to the evidence presented , the judge can fix a sum or percentage that does not exceed fifty percent of the income of the feeder ; This means that the final amount of alimony will be determined within the range of fifty percent of the defendant's income.
What can I do if the defendant does not pay alimony?
The non-payment of alimony , empowers the alimony to request the liquidation of the debt and its immediate payment, a copy of the letters of deposit of the pension updated on the same day that the request for the liquidation of debt is presented. for alimony . Once the application for liquidation of alimony owed has been entered, the court will liquidate the debt in a period of approximately one week; It will then notify the defendant of the liquidation to object, if there was a bad calculation because certain payments it made were not considered, for which it must accompany the respective vouchers . If the objection is rejected or if it does not object within the third day, the plaintiff may request the constraints to coerce the defendant to pay the amount due .
What are the constraints that can be requested for non-payment of alimony?
Once the sentence has been issued, it is possible to request compliance by means of constraints and even to initiate executive action (embargo).
The main possible constraints to request for non-payment of pension are:
a) National Rooting.
b) Withholding of employer compensation .
c) Tax Refund by the Treasury of the Republic.
d) Night Arrest for up to 15 days, and in case of recidivism Full Arrest .
e) Suspension of driver's license.
Wolfenson Abogados provides excellent legal advice and representation with lawyers specialized in pension and alimony law.
Links of interest about the Food Pension in Chile :
1.- Civil Code
2.- Law That Creates Family Courts (Law 19.968)
3.- On Family Abandonment and Alimony Payment (Law Nº 14,908)
4.- BCN - Child Support Pension
Wolfenson Lawyers. Chile Law Firm.
If you need more information and legal advice regarding food demand, we invite you to contact with our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.