A resolution ordered this Setting a food quota that a man had been paying for years for his three children to do so today 27, 37 and 26 years. The decision was issued following the formal submission of the parent who requested the cancellation of the obligation, since the age of majority and the autonomy of the children made continued payment inadmissible. The man is retired from the Federal Police.
Basics of the inquiry and judicial review
According to the filing, the application was filed in November and was accompanied by birth certificates. The Viedma judge confirmed that the three children They were well above the legal age to maintain the maintenance obligation. The judgment pointed out that “so that the parent’s maintenance obligation towards him ipso jure no longer applies”it was appropriate to apply the provisions of the Articles 658 and 663 of the Civil and Commercial Code.
The Latin expression ipso iure means “in my own right” either “by the sole effect of the law”. In maintenance matters, this means that the obligation automatically expires when the children reach the age of majority, unless there are exceptional circumstances that justify their maintenance and must be proven.
Although the obligation legally ends when you reach old age, the effective termination of the quota requires a formal request from the contributor as this is not done automatically in management systems.
The court decided Place the order of the debtor and ordered the immediate discontinuation of the quota corresponding to the three adult children. In addition, he arranged notify the person authorized to receive and office to which deliver Federal Police Retirement, Retirement and Pension Fund to cancel the applied withholding tax.
What is child support and who has to pay it?
The feed quota is legal obligation of parents to help support their children when they cannot care for themselves. This obligation does not cease due to separation or divorce and is not dependent on living together.
It includes not only food, but also shelter, clothing, transportation, health, education, leisure activities and everything necessary for the all-round development of the minor.
The parent who does not live with him must make a financial contribution according to his agreement economic performance and the standard of living before the separation.
Up to what age is child benefit paid?
According to the Civil and Commercial Code, parents’ obligation to support their children extends until they reach the age of 21. During this period, both the father and the mother have the obligation to contribute to the maintenance “according to their condition and assets,” regardless of who the minor lives with.
However, there is an important exception. If the son or daughter proves that they already have their own means of subsistence, the parent can request that the obligation be lifted before the age of 21.
For example, if a young person gets a stable job with sufficient income, the obligated parent could request that payment be stopped, although this always needs to be reviewed and approved by a judge.
What happens if the child continues studying until the age of 25?
One of the most discussed issues in court concerns children who continue to study or pursue further professional training. In these cases it is legally clear that the obligation can extend for up to 25 years.
The period of academic or vocational training often prevents young people from being able to financially support themselves. For this reason, judges typically maintain pay until you complete your studies or receive appropriate employment placement.
It is important to clarify that this is not an automatic renewal; The son or daughter must prove that they are actually studying or completing training and do not have sufficient income. In this way, the law is intended to ensure that young people can complete their education without protection.
What happens if child support isn’t paid?
In case of non-compliance, a number of legal instruments are activated. Initially, payment is usually required, but if the refusal persists, the court may prescribe strict measures such as:
-
Seizure of wages, accounts or assets.
-
Automatic asset retention.
-
Ban on leaving the country.
-
Driving license revocation.
-
Inclusion in the Register of defaulting food debtors.
-
Block social networks or digital services.
-
In severe cases, house arrest.
This is how the food quota in Argentina will be calculated in 2025
In judicial practice, the fee is generally set at a Percentage of net income of the parent who usually has to pay it between the 20% and 30% for each child, However, it should be noted that there is no maximum percentage. There is no limit.
The jurors analyze:
-
Needs of the minor: from basic expenses to extracurricular activities.
-
Creditor’s income: Salary, billing or self-employment.
-
Situation of the parent living together: Ability to contribute.
-
Current standard of living: Continuity of children’s quality of life.
-
Number of children: Proportional distribution.
-
Care and visitation regulations: Adjust if the non-resident parent shares more time.
Since this is a percentage calculation, the fee can be agreed upon update automatically, for example, salary increases, bonuses or changes in income.
About The Author
