In our current society there is a lack of knowledge about the right to food in general, but this time we are going to talk about the AlimonyThe concept of alimony does not only refer to the food necessary to satisfy hunger, but it also includes a broad food regime for the well-being of the minor's growth until he/she reaches the age of majority or until he/she completes his/her higher education, for this reason alimony from the legal point of view is extended and includes the following: Clothing, Housing, Education, Health, and to everything that satisfies the basic needs of development, dignity and quality of life of minor children, individuals or family members.
It is generally believed that the Right to Maintenance is only for the children or minors, and that the obligation only falls on the father, that is to say that only the father has the obligation to provide maintenance to the children. However, the right to food is one of the rights that are born by virtue of the filiation, that is, all the members of the family have the obligation to provide food and the right to receive them; According to our Family Code in its article 211, food is owed:
1) To the spouse and descendants by blood and to the pregnant woman of the unborn child
2) To the disabled child, even if he/she is of legal age;
3) To the father and mother by blood;
4) To grandparents and other ascendants by blood, matrimonial or extramarital;
5) To siblings by blood who are disabled or minors;
6) To the person who made a large donation, if it has not been rescinded or revoked;
7) To the person with whom the testator lived as if he/she were his/her spouse
during the five (5) years immediately following his death or with whom he had children, provided that both have remained free of marriage during their cohabitation and that the survivor is unable to work and does not have sufficient assets. This right will only subsist as long as the person in question does not marry. If there are several persons with whom the testator lived as if they were his spouse, none of them shall have the right to alimony; and,
8) The adopter to the adoptee and is to the adoptee.
When is spousal support owed? The law indicates that when the spouse is clinically declared clinically incapacitated to be able to work. However, this is not exclusive only for the father, however, it is also mutual, and there may also be an obligation to the wife in favor of the husband when the case exists.
Alimony is fixed by agreement or judgment according to the principle of proportionality of the alimony obligation, i.e., the possibility of the person who has the obligation to provide alimony and the need of the person who must receive the alimony.
The right to food is of public order and it is the State's responsibility to ensure the integrity of the members of the family, so both the Judiciary and the Public Prosecutor's Office have the obligation to enforce it.
The right to receive maintenance cannot be waived, nor can it be the object of a transaction. The maintenance obligation is reciprocal.
Cesar Lopez
