The Ministry of Justice Human Rights (Minjusdh) recalled that people over 18 years of age can access a food pension as long as they meet a series of requirements that we will detail in this note.
It should be noted that child support for minors is an indisputable and mandatory right that fathers and mothers must fulfill to ensure the comprehensive development of their sons and daughters.
Which are the requirements?
The requirements contemplated in the Civil Code so that those over 18 years of age can continue to access an alimony, regardless of whether they are children of marriage or out of wedlock, they are the following:
- It is essential that the person of legal age who receives this benefit, which includes food, clothing, housing, recreation, health and education, pursue higher education successfullythat is, with passing grades and have excellent academic performance.
- These studies They can be both university and technical. Nevertheless, the maximum age in these cases is 28 years.
cease pension
The judges, meanwhile, have the criterion of cease the pension in case there is no need on the part of the obligee. For example, a person of 22 or 23 years old, with a university degree, is capable of having a job; in this case, the judge makes a decision based on the criterion of necessity.
What happens if the pension is breached?
If the judge sets a pension amount and there is a case of breach of the obligation, the sons and daughters are in condition to request a liquidation of accrued pensionswhich implies the calculation of the total debt and the demand for full payment.
If the parents do not comply, despite the exhortations of the judge, a criminal process of omission to family assistance will be initiated.
Therefore, it is recommended to have good legal advice so that sons and daughters have the necessary financial support that allows them to complete their studies and develop as people.
Get guidance
People can call the toll-free phone Alegra 1884where orientation is provided and, if necessary, referral to the nearest office for the respective legal sponsorship.
