The alimony is an amount determined by a specialized judge, which the responsible person must pay to support the children or spouse.
In legal terms, alimony, as the name mentions, is not only intended for the beneficiary's food. It also covers a series of items regarding health, education, leisure, professionalization, dignity, etc.
The duty to pay child support, in the case of children, is mandatory until they reach the age of majority (18 years). After this period, if the child is already in college, the support must be paid until the beneficiary completes higher education.
In the case of alimony related to an ex-spouse or ex-partner, this benefit will only be guaranteed in some situations, as this results from the duty of mutual assistance.
Lawsuits filed related to child support are conducted by a procedure regulated by the Food Law (Law No. 5478), which entered into force in 1968 and provides that the processes proceed with greater speed.
The law states that the person responsible for supporting the family who moves away from home can file the lawsuit offering a value that will be fixed from the beginning of the process.
Alimony Value
The Alimony Law also does not determine the exact percentage of the income of the person who is required to pay the alimony. The amount must then be determined in accordance with the observation of the beneficiary's needs and the financial possibilities of who will pay the amount.
The payment of the pension can also be fixed in several ways, being considered the safest way to deduct the amount from the payroll, as it prevents default. However, it is only possible to establish this form when the pensioner's earnings are linked to a payslip or another form of bond with the employer that makes this discount possible.
Changes in the Alimony Law
With the change to the New Code of Civil Procedure in 2016, the Food Law underwent significant changes in terms of the strictness of collecting overdue installments.
With the new rules, the judge, upon receiving the collection of non-payment, can, through the Alimony Enforcement Action process, make a judicial protest to the debtor. And if they do not make the payment within three days, do not prove that they did or do not present any justification for not being able to do so do so, before your arrest is decreed, your name will be included in the SPC and Serasa database, generating a record as defaulting.