Within the scope of Family rightwe find a fundamental aspect that is the Right to Food. This right is of public order and social interest, since through it it seeks to protect the comprehensive development of the family and its members.
In Debate we will address Who has the obligation to pay alimony? and what this commitment entails. It is crucial to know who the alimony debtors are and what alimony includes.
The law recognizes both the right to receive food as the obligation to provide them on the part of family members. It is important to note that the right to receive food cannot be waived or subject to a transaction.
The food They include everything necessary for the subsistence and well-being of the individual in physical, moral and social aspects, which includes sustenance, housing, clothing, medical assistance and education of the food creditor.
The Civil Codes and Family Laws of the states of the Mexican Republic establish concepts around food, unifying the definition given by these legal devices.
What is meant by food?
Food, clothing, housing, medical care: This includes the provision of basic food, clothing, a place to live and medical care.
Education: In the case of minors, the expenses related to their education, as well as the training of skills and knowledge appropriate to their personal circumstances.
People with disabilities: Those people with disabilities or declared in a state of interdiction have the right to what is necessary for their qualification, rehabilitation and development.
Older adults: For older adults who lack economic capacity, everything necessary for their geriatric care will be provided, seeking their integration into the family.
Who has the obligation to pay alimony?
The law establishes who has the obligation to provide food, the following:
– Spouses: Spouses are obliged to provide each other with maintenance. The law defines when this obligation persists in cases of separation, divorce, marriage annulment or other specific situations.
– Concubines: Concubines are also obliged to give each other food.
– Fathers and sons: Parents have the obligation to provide food for their children. In case of absence or impossibility of the parents, this obligation falls on the other ascendants on both lines who are closest in degree. In the same way, children have the obligation to provide food to their parents.
– Siblings: In the absence of ascendants, descendants or other relatives, the obligation to provide maintenance falls on the brothers of the father and mother or on those who only share one parent. If there are no siblings, responsibility extends to collateral relatives within the fourth degree.
– Adopter and Adopted: The adopter and the adoptee have the same obligation to provide each other with support in cases where the biological and adoptive parents have this responsibility.
We can conclude that Family Law regulates both the right to receive alimony as the obligation to provide it.
This right is essential to guarantee the well-being and subsistence of family members. Debtors who fail to comply with their obligation to pay the alimonythey may face legal consequences.
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