Learn how a child support quota is set and the penalties if you fail to comply

Saturday, November 23, 2019

What you should know is that the food quota can be set through dialogue or through a court.

One of the consequences of the separation of a couple is determining their responsibility towards their children. In this sense, whoever does not live with the minor, must pay a monthly food quota, which must cover everything necessary for the development and integral formation of the child, that is, food, education, medical attention, clothing, recreation and room.

According to the experts consulted, it is very common for parents to be the ones who evade this responsibility. For this reason, Legal Affairs indicated the process to establish the food quota for minors and what to do in case of non-compliance.

What you should know is that the food quota can be set through dialogue or through a court. The first can be done in a family ombudsman or police station where the agreement is legally established and registered.

If you decide to file a lawsuit to fix the fee, you must do so before the family court, or a civil judge. To establish the amount that must be delivered monthly, the judge will evaluate the real and current expenses of the minor, as well as analyze the father's income, his salary, his assets, his lifestyle, among other factors. Colombian law does not require a minimum amount for the food quota. However, last year a bill sought to establish a floor of $260,000.

Now, in that analysis the income of the mother also enters. According to Jimmy Jiménez, a family attorney at Integrity Legal, the fee must be fair and cannot be geared towards enriching the person with custody. “If a child spends $1 million a month, you cannot claim that the child support fee is that. There are lawyers who say that the alimony should be 50/50. However, this violates the criterion of equity and is that whoever earns the most must make a greater contribution. On average, the quota is between 20% and 30% of the income level of the father or mother, I have seen 50%, but it is very rare”, said the expert.

The fee must be adjusted each year from January 1, through the percentage of the consumer price index (CPI) and must be paid up to 25 years of age, unless it is shown that the child can support himself. by itself.

Now, if either of the two parties does not want to pay the child support, two types of actions can be used. An executive demand for alimony before the family judge, who may seize the assets and up to 50% of the salary, and even prevent them from leaving the country.

Likewise, a criminal complaint can be filed with the Attorney General's Office. In Colombia, not paying what is established is a crime called lack of food.

Jorge Enrique Peralta, director of the firm Peralta y Asociados Abogados, indicated that for committing this act the person will be sentenced to imprisonment. “The penalty will be imprisonment from 32 to 72 months and a fine of 20 to 37.5 times the current legal minimum wage when the lack of food is committed against a minor”, ​​establishes the Penal Code.