What is Food Pension?

A financial obligation that one of the spouses, generally the one who does not have custody of the children, must fulfill to contribute to the support and cover the basic needs of the children.

This term is mainly used to refer to the pension that children of divorced or separated parents must receive.
The family members who are entitled to alimony in cases where they are in need are spouses, ascendants and descendants and, in certain cases, siblings.
The age of majority does not imply that the child's right to alimony is extinguished., as long as you do not have your own income for reasons that are not attributable to you.
The amount of alimony can be established in the agreement regulating separation or divorce or by virtue of a court ruling.
The alimony It is paid during the 12 months of the year. It is considered to be an annual amount that is prorated throughout the year.
The alimony includes food, housing, clothing, education and instruction, and pregnancy and childbirth expenses.
The expenses included must be specified in the agreement or sentence, and these are differentiated into ordinary expenses and extraordinary expenses (the latter, necessary and not necessary, in turn).

Having seen some key ideas above, which we will develop in different articles, do you really know what alimony is?

Alimony or alimony is the financial contribution that certain family members must pay in favor of their relatives in a "state of need." Generally, the term is used to refer to the pension that children of divorced or separated parents must receive.

Therefore, The payment of alimony is one of the main obligations after divorce or separation with economically dependent children.

As it is a right of minor children, it is especially protected by the legal system.

Difference with compensatory pension
This special protection regime differentiates it from compensatory pension, a concept that should not be confused with alimony.

The compensatory pension is the one established in favor of the spouse who is left in a situation of economic inequality after separation or divorce, while alimony is established in favor of the children.

Who is entitled to alimony?

The family members who have the right to alimony in those cases in which they are in need are spouses, ascendants and descendants and, in certain cases, siblings.

Article 143 of the Civil Code:

They are reciprocally obliged to provide each other with food to the full extent indicated in the preceding article:

1. Spouses.

2. The ascendants and descendants.

Siblings only owe each other the aid necessary for life, when they need it for any reason that is not attributable to the provider, and will be extended, where appropriate, to those they need for their education.

However, as has been noted, alimony is established above all after the breakdown of the relationship between the parents. In these cases, alimony must be paid to minor children and non-emancipated adults who lack their own income for reasons beyond their control.

Therefore, it is important to know that the fact that a child reaches the age of majority does not imply that his or her right to continue receiving this pension is extinguished, as long as he does not have his own income for reasons that are not attributable to him, for example. For example, if you continue studying.

If you find yourself in the middle of a separation or divorce process and need information and advice, do not hesitate to contact us. We will listen to your case and offer you the best personalized answers, taking into account your specific case and your possibilities. Don't hesitate, contact us now.

 

 

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