SUPPORT OBLIGATION

Legal concept or definition of food

Legally, alimony must be understood as the benefit in money or in kind

that a person, in certain circumstances, can claim from others for their
maintenance and survival. Food is the obligation generated by kinship,
marriage, concubinage, adoption and the law to give food to the person
who legitimately has the right to demand it for their subsistence, as well
as by a judicial resolution or by an agreement that binds provide them

What do you understand by alimony debtor and alimony creditor?

The alimony debtor is the person who, according to the law, has the
obligation to provide alimony and the alimony creditor or alimony is the
person who, by law, has generated the right to demand and receive
alimony.

¿Cuáles son las fuentes del derecho para recibir alimentos?

La obligación alimentaria, como efecto del matrimonio, del concubinato
y de los parentescos consanguíneos y civil, comprende uno de los
derechos y obligaciones emanados de las relaciones familiares.
La obligación de darse alimentos entre cónyuges, concubinos, parientes
y convivientes, se conforma mediante la relación que establece entre
las posibilidades del deudor y las necesidades del acreedor, y para
cumplirse debe estarse a lo que dispone la ley.

What are the sources of the right to receive food?

The maintenance obligation, as an effect of marriage, concubinage and

consanguineous and civil relationships, includes one of the rights and
obligations arising from family relationships.

The obligation to give maintenance between spouses, cohabitants,

relatives and cohabitants, is formed by the relationship established
between the possibilities of the debtor and the needs of the creditor, and
to comply with what is provided by law.

The assumptions that the right to receive food and the obligation
to provide it must meet.
Both parents, based on their parenting obligations and taking care of the
best interests of the minors, are obliged to satisfy the basic needs of
their procreated children both inside and outside of marriage or
concubinage, particularly in the case of minor children. Alimony is based
on article 4 of our constitution and in the international instruments ratified
by Mexico, which grant as a fundamental right the right to food for
children and adolescents, the right to satisfy their basic needs and
recreation for an integral development.

From the legal point of view, what does food include and its legal
basis?

The obligation to give food is based on the preservation of life and the
principle of solidarity that must govern among the members of the family
so that it is consolidated and preserved, even if it is dissolved.

From a legal perspective, Article 308 of the CCCM includes food,

clothing, housing, and medical and hospital care in cases of illness; in
the case of women, it also includes pregnancy and childbirth expenses;
With respect to minors, it also includes the necessary expenses for their
basic education, as well as those that are required for the learning of
someone an honest trade, art or profession and appropriate to their
personal circumstance sexologist, with respect to people with disabilities
or interdicts, the Food must also consider what is necessary to achieve,
to the extent possible, their qualification or rehabilitation and
development; and as for the elderly without economic resources, food
includes everything necessary for their geriatric care and efforts will be
made to provide them, integrating them into the family.

According to the law, who are the subjects obligated to provide

food and to what degree?

The subjects obligated to provide maintenance are all relatives in the

degrees recognized by law, which extend without limitation of degree in
a straight line to blood relatives and in a transversal or collateral line up
to the fourth degree. Likewise, both the persons of the conjugal
relationship and the cohabitants and cohabitants are obliged to each
other, although neither spouses nor cohabitants or cohabitants are
relatives, there is also an obligation between the adopter and the
adoptee in the case of simple adoption.

Who are the subjects entitled to receive food?

Minors, people with disabilities, those subject to a state of interdiction

and the spouse who is dedicated to the home or caring for the children
enjoy the presumption of needing food; the same applies in the case of
cohabitants and older adults who lack economic capacity, as well as
cohabitants.

It explains how the function of providing food is fulfilled and its

legal basis.

In the cases of divorce or separation, it is very frequent that the payment

of alimony is also brought before the family judge, who by means of a
sentence will impose on the alimony debtor, based on his discretionary
power, the payment of the corresponding alimony, noting the required
the amount and manner in which food must be paid.

Our family law only provides for two ways so that the person obliged to
provide support can comply with the obligation

Through a cash pension, Incorporating the food creditor into the

debtor's home; When there are difficulties for the incorporation to
materialize, the family judge will establish the manner of supplying the
food.

Who can request or request alimony for creditors? And its legal
basis

Alimony can be requested by the person interested in receiving it, from

the parent or ascendant that they have, who should receive the alimony
under their parental authority, the legal guardian, siblings and other
collateral relatives, and ultimately the Public Ministry.
How can alimony be guaranteed? legal basis

The maintenance obligation cannot be left to the sole will of the debtor,
hence the law authorizes the maintenance creditor to ask for insurance
from the person exercising parental authority or guardianship, as well as
from siblings and other collateral relatives up to the fourth degree or in
the absence of or impossibility of them, to an interim author who will be
appointed by the family judge; This tutor will give the annual amount of
the pension as a guarantee, and in the last case, the Public Prosecutor's
Office must do so. Alimony can only be guaranteed for your insurance
by:

Real guarantee: mortgage, pledge or deposit in money of a sufficient

amount or any other form of guarantee sufficient in the judgment of the
judge.