According to the civil code, "alimony includes everything that is indispensable for the support, room, clothing, medical care and also the education and instruction of the alimony payer when he/she is a minor."
In this order of ideas, food refers to everything that is necessary for the minor to subsist, including recreation and vacations.
The calculation will depend on the lifestyle and economic capacity of the parents.
Processes for requesting child support for a minor
Although alimony can be agreed privately or by a commitment of the obligor, in order for the alimony to be considered legally valid, it is necessary that it be declared by a judge of the Pluripersonal Family Court of First Instance with Specific Jurisdiction for Alimony Proceedings in a process called "oral fixing of alimony".
It is important to mention that, although there is a specific process to fix alimony, it is also possible to fix it within a divorce proceeding, so that it is not necessary for the spouses to divorce in order to fix alimony in favor of a minor.
How is the pension amount calculated?
As indicated above, it is a judge who fixes the pension within the aforementioned judicial processes according to the following circumstances and criteria.
- Obligor's ability to pay: The pension must be proportional to the obligor's ability to pay, since they are linked to the obligor's personal and financial circumstances.
- The pension is complementary: both parents must comply. This implies that the pension is the obligation of both parents.
- Monetary: Pensions must be paid in cash; however, there are special circumstances that allow them to be paid in kind.
- Circumstances of the child. The judge also takes into account the circumstances and needs at the time the child support is being requested. This means that as the child grows older, the needs will change and therefore, an increase or decrease in the child support may be requested.
It is also possible to request alimony in favor of the woman. In order to do so, it must be demonstrated that she has not married another person and the woman's need must be demonstrated.
As well as the pension in favor of a minor, this will be calculated according to the conditions and quality of life of the spouse and the man's ability to pay. In special cases it may be requested in favor of the man.