{"id":3922,"date":"2025-01-24T20:24:34","date_gmt":"2025-01-24T20:24:34","guid":{"rendered":"https:\/\/abogadofabianmoreno.com\/food\/"},"modified":"2025-02-10T15:56:53","modified_gmt":"2025-02-10T15:56:53","slug":"food","status":"publish","type":"page","link":"https:\/\/abogadofabianmoreno.com\/en\/food\/","title":{"rendered":"Food"},"content":{"rendered":"\t\t
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Child Support<\/span><\/div>

Child S<\/span>u<\/span>p<\/span>p<\/span>o<\/span>r<\/span>t<\/span><\/span>Claim<\/span><\/h1><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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The law in Ecuador states that alimony is owed not only to children, but also to other persons such as spouses, children, descendants, parents, ascendants and siblings.<\/p>\n

Children and adolescents are entitled to child support, as well as adults up to the age of 21 who can prove that they are studying at any educational level.<\/p>\n

Also entitled are persons of any age who suffer from a disability or whose physical or mental circumstances prevent or hinder them from obtaining the means to support themselves, as stated in the respective certificate issued by the National Council on Disabilities (CONADIS) or by the health institution that has taken cognizance of the case, which must be presented for such purpose.<\/p>\n

Child support is regulated not only by the Civil Code, but also in a special manner by the Organic Code for Children and Adolescents<\/strong>. The law distinguishes between congruent<\/strong> and necessary<\/strong> alimony. <\/p>\n

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  • Congruent:<\/strong> are those that enable the fed to subsist modestly, in a way corresponding to their social position.<\/li>\n
  • Necessary:<\/strong> those that provide what is sufficient to sustain life. It is a right to life; otherwise, it would be tantamount to failing to provide sustenance to a human being incapable of generating by himself goods for his subsistence and condemning him to malnutrition. They are rights connatural to the human being. <\/li>\n<\/ul>\n

    The right to food is connatural to the parent-child relationship and is related to the right to life, survival and a dignified life. It implies the guarantee of providing the necessary resources for the satisfaction of the basic needs of the alimentary, which include: <\/p>\n

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    • Nutritious, balanced and sufficient food.<\/li>\n
    • Comprehensive health: prevention, medical care and provision of medicines.<\/li>\n
    • Education.<\/li>\n
    • Careful.<\/li>\n
    • Suitable clothing.<\/li>\n
    • Safe, hygienic housing with basic services.<\/li>\n
    • Transportation.<\/li>\n
    • Culture, recreation and sports.<\/li>\n
    • Rehabilitation and technical aids if the beneficiary has a temporary or permanent disability.<\/li>\n<\/ul>\n

      The provider has the obligation not only morally, but also legally, to provide food to their children until they reach the age of majority. In Ecuador, the age of majority is 18 years; however, if the children continue their studies, whether university or of any other kind, the obligation persists until the age of 21 years. <\/p>\n

      If you have any doubts or if your case is special, please write to us, and you will have at your disposal a team of proven professionals with experience in all areas of Family Law, together with a staff<\/em> of attorneys that offers a service that is different from what is commonly offered by other lawyers, notaries or non-professionals.<\/p>\n

      We have more than 30 years in Ecuador homologating judgments and more than 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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      Child Support<\/span><\/div>

      Children w<\/span>i<\/span>t<\/span>h<\/span><\/span>Disabilities<\/span><\/h4><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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      The right to food guarantees in all its aspects the survival of those vulnerable, defenseless and incapable of generating by their own means their subsistence. For this reason, it is the moral and legal duty of the parents to take care of them, who did not ask to come to this world. <\/p>\n

      Disabled children are owed alimony for as long as the disability lasts, and if this is for life, it is and will be the legal and moral obligation of their parents to take care of their disabled child until the end of his or her days. The alimony also includes the payment of allowances and additional benefits (additional pension benefits, such as tenths). <\/p>\n

      They will be legitimized to demand the provision of the right of maintenance in favor of a child or adolescent, or persons of any age who suffer from a physical or mental disability that prevents them from doing it by themselves. The mother or father under whose care the son or daughter is, and in their absence, the person who exercises their legal representation or who is in charge of their care, will do so. <\/p>\n

      These alimony debts are best enforced without wasting time, since, although they are not time-barred, they only become effective from the moment the lawsuit is filed.<\/p>\n

      If you have any doubts or if your case is special, please write to us, and you will have at your disposal a team of proven professionals with experience in all areas of Family Law, together with a staff<\/em> of attorneys that offers a service that is different from what is commonly offered by other lawyers, notaries or non-professionals.<\/p>\n

      We have more than 30 years in Ecuador homologating judgments and more than 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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      Child Support<\/span><\/div>

      Minimum C<\/span>h<\/span>i<\/span>l<\/span>d<\/span><\/span>Support Table<\/span><\/h4><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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      In Ecuador, the parameters for the elaboration of the Minimum Alimony Table<\/strong> will be defined by the National Council for Children and Adolescents<\/strong>, and are established based on the following criteria:<\/p>\n

      a) The basic needs by age of the person being fed.
      b) The income and resources of the person or persons being fed, assessed in relation to their ordinary and extraordinary income, expenses related to their way of life and those of their direct dependents.
      c) Structure, distribution of family expenses and income of the persons feeding and entitled.
      d) Inflation.<\/p>\n

      The judge, in no case, may fix a lower value than that determined in the Minimum Alimony Table<\/strong>. However, he\/she may fix a higher alimony than that established in the table, depending on the merits of the evidence presented in the process. <\/p>\n

      Justice operators rely on the Minimum Alimony Table<\/strong> to impose alimony. It establishes six levels. <\/p>\n

      At level one<\/strong> are people earning the basic unified salary (SBU).<\/strong><\/p>\n

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      • If the child is under four years of age, the father would be required to pay USD 108.50.<\/strong><\/li>\n
      • If the child is older than five years old, the value increases to USD 113.00.<\/strong><\/li>\n
      • The more children the parent liable for alimony has, the greater his or her contribution should be.<\/li>\n<\/ul>\n

        For three or more children under five years of age, a parent earning the minimum wage must pay USD 209.30.<\/strong><\/p>\n

        In the third level<\/strong> are parents earning between USD 1,159 and 1,544<\/strong>.<\/p>\n

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        • For those who have a child under four years of age, they are required to pay USD 446.10.<\/strong><\/li>\n
        • For those who have children over five years of age, they must pay USD 472.80.<\/strong><\/li>\n<\/ul>\n

          The sixth level<\/strong> is the highest level in the table.<\/p>\n

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          • At this level are those who earn nine or more salaries<\/strong> per month.<\/li>\n
          • This means that if a person receives a salary of USD 3,475<\/strong> per month and has one or more children over five years of age, he\/she must pay a pension corresponding to 45.12%<\/strong> of his\/her salary, i.e. USD 567.<\/strong><\/li>\n<\/ul>\n

            These are reference examples, considering that the unified basic salary varies constantly<\/strong>. As time goes by, the basic salary goes up and, therefore, so do alimonies. <\/p>\n

            This Minimum Alimony Table<\/strong>, once imposed, is linked to the Single Alimony System (SUPA)<\/strong> and is directly related to the care of the child<\/strong>, which implies an economic value.<\/p>\n

            Without prejudice to parental authority, which<\/strong>is the set of rights that parents have over their unemancipated children, the judge will entrust one of the parents with the care, upbringing and education of the child.<\/p>\n

            The maintenance allowance is payable even in cases where the beneficiary (child) and the obligor (parent) live under the same roof, i.e., the right subsists even if there is no separation.<\/p>\n

            If you have any doubts or if your case is special, please write to us, and you will have at your disposal a team of proven professionals with experience in all areas of Family Law<\/strong>, together with a staff<\/em> of attorneys that offers a service that is different from what is commonly offered by other lawyers, notaries or non-professionals.<\/p>\n

            We have more than 30 years<\/strong> in Ecuador homologating judgments and more than 25 years<\/strong> in the tri-state area of New York, New Jersey and Connecticut<\/strong>, serving the Ecuadorian and Latino community in general.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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            Child Support<\/span><\/div>

            Primary a<\/span>n<\/span>d<\/span><\/span>Subsidiary Obligors in Child Support Payments<\/span><\/h4><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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            The maintenance allowance is fixed from the filing of the claim. The increase must be considered from the filing of the corresponding incident, but its reduction is enforceable only from the date of the resolution that declares it. <\/p>\n

            The parents are the main holders of the maintenance obligation(principal obligors<\/strong>), even in cases of limitation, suspension or deprivation of parental authority.<\/p>\n

            In case of absence, impediment, insufficiency of resources or disability<\/strong> of the principal obligors, duly proven by whoever alleges it, the competent authority shall order that the provision of maintenance be paid or completed by one or more of the following subsidiary obligors<\/strong>, in attention to their economic capacity and provided they are not disabled, in the following order:<\/p>\n