Clarifications on Alimony in Brazil
The number of alimony cases, which are dealt with in our judiciary, aiming at both regularisation and compliance with them, is quite expressive. And with that we can say that parental relationships are in crisis.
After the end of the marital relationship, the parental relationship should be unbreakable, but this does not always occur.
The prediction that the Federal Constitution makes, that parents should provide food for their children, does not have to stay on paper alone, it must go beyond, it must represent a reality in the lives of children and adolescents.
In this way, with regard to the minor children, there is a presumption of necessity, and this need not be proven, but of how much this represents.
That is why it is necessary to verify what these expenditures are actually, for example, the question of education, if the child is studying in private school then this value must be presented.
In addition to education the child has other needs such as health, leisure, food proper, transportation, among others, therefore, these values must be taken into account in order to plead the fixing of food.
Unfortunately there is not yet, equal pay between men and women and as a result men end up receiving a higher value, so they will have to bear a higher percentage for the maintenance of their child.
One myth is that you have to pay 30% of your salary. That’s not true! It will depend on the trinomial need x possibility X reasonableness, based on the arts. 1.694 and 1.695 of the Civil Code.
The greatest difficulty is to prove the possibility, because unfortunately not all people declare their incomes. Therefore, it is necessary to make use of the theory of appearance, verifying the standard of living of the one who has the obligation to bear the food benefits.
In the courts there are several situations, the father with the aim of not paying alimony or with the intention of reducing the pension, goes to the audience with a worn-out clothing, hair disheveled, unshaven beard, thus trying to deceive the Judiciary. This scenario is just one of the many examples of the daily lives of the law operators.
The amount of demand in this respect is amazing. By breaking the conjugal bond, the genitor (or the genitor) often seems to want to physically abandon his offspring.
Alimony should not be directed to the courts, this should be settled among the genitors in order to put the child as a priority.
The perception that we have about society, specifically these genitors, who close their matrimonial ties, and end up not putting their children as a priority, leads us to believe that we need to review basic concepts of humanity, solidarity and responsibility. Read more content related to family law and succession here, mainly content related to divorce pension and inventory.