Imposición de la pensión alimenticia provisional sin considerar cargas familiares del demandado.

Abstract

In Ecuador, to enable compliance with the right to food for children and adolescents, there is a child support rate, which is set by a table of minimum child support payments that the Ministry of Economic and Social Inclusion publishes annually and in which establishes six levels through which the amount that the obligor must pay is determined according to the income, family responsibilities and age of the children. Currently, first-level judges establish in some cases the provisional pension as definitive, where more than two beneficiaries are claimed, without considering the cases in which the defendant has more family responsibilities who live with him or not, that is, who At the time of setting the definitive pension, the judge in the case does not consider these family responsibilities and issues the resolution setting the provisional pension as definitive, making an erroneous interpretation of the rule due to the legal vacuum that exists at the time of determining what the minimum pension is. the one referred to in the legal norm, which causes a state of helplessness for the other dependents who have not sued, since a provisional pension declared as definitive could not guarantee that it covers the maintenance expenses equally for all the children. The suggested reform must specifically establish in those cases in which the application of the minimum pension determined by the pension table is possible, taking into consideration the amount of family responsibilities that the defendant has, without this meaning the violation of the rights of girls. , children and adolescents enshrined in the Constitution of the Republic of Ecuador.