La citación en el proceso de extinción de pensión alimenticia.

Abstract

The legal regulations of the CONA, as well as the CRE, have focused on the best interests of the minor, establishing corrective measures in everything that respects the responsibility and duty of the parents, extending even to their closest relatives. However, it does not indicate the legal security that obligors have when their children reach the age of majority or are legally emancipated. Very little is said about the termination of alimony in terms of the summons, which is a normal procedure that must comply with due process, that is, issuing a summons again to someone who has already had a judicial box designated. By analyzing article 55 of the COGEP, the summons can be made electronically, this being the most efficient, agile and safe procedure for both the parent who is paying amounts for food, as well as the obligor they are receiving. In this way, there would be no extensions to the process of extinguishing child support, avoiding the interest for late payment incurred by non-payment to the designated SUPA account and that your child over 21 years of age still receives. In this work, the legal quality will be observed in the termination of alimony towards the parents, which, through the law, requires them to protect the good life of their child, through alimony that will be delivered until they are 18 or 21 years old. age, according to its exceptions, in the case of disability, as stipulated in article 32 of CONA, distrusting the legal protection that the Constitution of the Republic of Ecuador extends as a legal guarantee. It is necessary to have a tool that determines the legal problem in this alimony termination procedure. The alimony, upon reaching the age of majority or 21 years of age, would correspond to the termination of the alimony. If this is not extinguished, recurrences of judicial injustices will be generated in its application towards the obligors. Subsequently, an academic tender will be announced that consists of giving an end to this issue of the extinction of alimony, correctly applying the law and maintaining the family bond, and thus complying with the legal security set forth in our Magna Carta.