In a process of Food pension demandthe determination of the amount to be assigned can be complex, especially when the defendant does not have a fixed job. These types of processes seek to ensure that minors receive adequate economic assistance, regardless of the employment situation of the father or mother who must comply with the food obligation.
According to Elsa Puelles, Public Defender of the Ministry of Justice and Human Rights (Minjus), There are several legal measures and procedures to ensure compliance with this obligation, even when the defendant lacks formal income. The judge in charge evaluates the defendant’s situation to set a retention percentage, taking into account different economic and social factors.
How is the alimony determined if the defendant does not have fixed income, according to the official of the Ministry of Justice?
According to Public Defender Elsa Puelles del Minjuswhen the defendant does not have stable income, the judge of the case evaluates various economic factors before determining the Food pension. These factors include the income declared in receipts for fees, as well as the information collected by entities such as the Ministry of Labor and Employment Promotion and the National Superintendence of Customs and Tax Administration (Sunat), both for dependent and independent workers. The objective is to establish a fair figure that allows to guarantee the well -being of the child despite the lack of fixed income.
In situations where the defendant does not register any type of income, the judge based on the Minimum vital remuneration (RMV) To calculate the amount of the alimony. In this way, it seeks to prevent the absence of formal income from being an obstacle to compliance with food obligation.
Process and requirements to file a demand by food online
The Superior Court of Justice offers a virtual platform for the presentation of Demand for food pension in a simple and accessible way. To initiate the process, it is necessary to have certain mandatory documents, as a copy of the national identity document (DNI) of the applicant, complete names of the child or adolescent, coplant names of the father or mother forced to offer an alimony and the domicile where the person demanded resides or works.
The process is carried out on the online platform of the corresponding Superior Court. After entering and completing the required forms, the system allows you to attach documents in PDF format with a limit of 100 MB. Once the registration is finished, the applicant will receive a notification within a maximum period of two business days to continue with the monitoring of the case.
Legal options of the Ministry of Justice to guarantee the payment of the alimony
He Ministry of Justice and Human Rights It has legal measures aimed at guaranteeing compliance with the Alimony. As explained by Elsa Puelles, among these options is the possibility of requesting a early assignmenteven before the process has ended. This measure seeks to ensure that the minor receives economic assistance since the beginning of the judicial process.
Likewise, Puelles said that the fact that a defendant is in a penitentiary establishment does not prevent it from being required by Food pensiontaria. The law establishes that compliance with this obligation is a priority and can be required in any circumstance, to guarantee the rights of the minor to receive fair and timely economic assistance.
Source: Larepublica
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