SANTA FE.- In a ruling that had major social repercussions, the family judge of the Rosario Regional Courts decided in the last hours that youThe mother pays child support for her three childrenLiving with father since October 2024.
The decision explicitly stated that the father takes care of his children throughout the day, with the help of relatives, without the mother making any financial or in-kind contribution on behalf of her children.
The judge stated in the decision that “establishing temporary alimony of a precautionary nature” is based on rules that give the judge the authority to determine the share of alimony, which governs until the ruling is issued and does not cause a situation, according to his wise discretion and the special circumstances of the case.
In the decision, it was “prudent” to set child support fees at 35% of the mother’s income, an amount that cannot be less than the equivalent of 1.5 of the minimum vital and mobile salary ($483,300).
The father of a boy and two girls – with the bail of lawyer Sylvia Cagna – asked for temporary alimony to be determined for his children against the mother.
According to the data that the Santa Fe judicial system deals with, since the children live with the father, he takes care of their upbringing “all day long” with the help of family members, while the mother does not make any financial or in-kind contribution. For her part, the accused explained that her income is not high, and that she is in a stressful economic situation, in addition to undergoing psychological treatment and psychiatry.
However, the court noted this Temporary food is a precaution Which can be created immediately to ensure support for minors The judicial process progresses without waiting for the final ruling.
In general, in these cases before them, justice applied rules stating that the duty of maintenance falls on both parents, according to their capabilities, regardless of who has personal care.
On the other hand, this was confirmed It is a temporary and precautionary measurewhich seeks to quickly resolve the needs of minors while the main process is in progress.
Moreover, the decision represents a rare case, because it reverses the traditional scheme and forces the mother – in this case non-cohabiting – to bear the financial contribution to her children, while the basic situation is determined.
This ruling highlights shared parental responsibility, bearing in mind that the obligation to contribute to the nutrition, education and development of children is a duty both parents, Justice intervenes to guarantee the right of children to a dignified life, as stipulated in the Convention on the Rights of the Child.
But it is the attitude of justice that makes the difference regarding other issues. It is understood that “child maintenance fees are the responsibility of both parents, and justice intervenes to ensure that they are met, even if it is the mother who pays them or the children (in the case of elderly parents).”