Household court docket accepts alimony declare in favor of pregnant lady regardless of lack of conjugal relationship – Q COSTA RICA
QCOSTARICA – The Desamparados Family Court has admitted a maintenance claim (pensión alimentaria) submitted by a woman who became pregnant as a result of a non-marital relationship and outside of the periods taken into account for establishing de facto cohabitation (civil marriage).
The sentence indicates that in spousal maintenance proceedings the presumption is that the father is the applicant’s husband. However, this presumption does not exist if the pregnancy is the result of an illegitimate or de facto cohabitation.
Family Court Judge Maureen Solís, who drafted the ruling, stated that earnings during pregnancy are also necessary for the minor’s well-being.
Solís explained that the defendant parents had the opportunity to dispute their paternity by submitting a laboratory test and that a provisional pension could be imposed during this time.
The verdict was communicated to the parties last February 17 and the defendant is awaiting rebuttal of paternity or not to proceed with the maintenance claim.
Comments are closed.