What does the upkeep calculation rely on? – Newest information, breaking information, high headlines
If you have not reached an agreement with your partner about the bi-weekly or monthly maintenance amount, here we will tell you which concepts a judge could use to carry out the economic calculation.
Maintenance calculation concepts. Photo: Pixabay.
Concepts that a judge relies on to calculate alimony
The amount of money that the maintenance debtor receives. The place where the defendant lives. Number of children, in this case minors. Current needs of the ex-partner or the children. In the event that the ex-partner or the children have special skills. Ongoing debts of the defendant such as mortgage loan, house lease, loan, and others. The maintenance percentage could be between 15 and 30 percent of the salary of the defendant’s ex-partner, but sometimes this amount could be increased.
Maintenance is a legal right in Mexico to children from parents who are separated. The right consists in the fact that every two weeks or months a certain amount of money must be deposited with the father or mother of the person who left the girl or boy.
The subsistence needs are food, clothes, shoes, education, entertainment, school supplies, anything related to the health of the parents.
In relation to what is stipulated in the laws in Mexico, maintenance is granted until the parents reach the majority age which is 18 years old, except in some cases which can be up to 21 years old in case the children that they study at the university.
Parents are obliged to feed their children. If the parents are disabled, this obligation applies to the ascendant of the two closest parties.
It is important to note that as long as the plaintiff’s married couple only worked at home, alimony can also be provided to ex-partners who can show that the cause of the divorce was the defendant’s fault.
Maintenance can be requested through a complaint to a family court. However, it is not always the father or mother who makes this complaint, as another relative could take custody of the child or, in some cases, even act as prosecutor.
Some of the documents required for the maintenance claim are: birth certificate of the underage children, complaint to the appropriate courts, list of expenses related to the needs of the children.
In the event that you need to apply for alimony for an ex-partner, the following requirements apply: marriage certificate, proof that the applicant worked at home while married or was married, complaint to the relevant courts, list of expenses that have arisen relate to the needs of the former partner.
If the defendant lied about their income information, they could face administrative and criminal prosecution
It is important to remember that if the maintenance debtor lies about his income, he may face administrative and criminal prosecution.
According to the National Institute of Statistics and Geography (Inegi), 67.5 percent of all single mothers in our country do not receive the economic maintenance allowance, as do two out of three infants of divorced parents who are in the same situation.
In addition, 91 percent of the no maintenance cases related to 8.1 percent who are wives and children and 0.9 percent who are husbands and children.
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