Criterios uniformes para valorar publicaciones en redes sociales como prueba económica del alimentante en Ecuador.

Abstract

Assessing social media posts as evidence of a support obligor's financial capacity poses a legal challenge in child support proceedings in Ecuador, given the lack of uniform criteria to determine their authenticity, integrity, and probative value. This research analyzes the legal treatment of digital evidence and its application in establishing economic activities that cannot always be proven through traditional means, particularly in informal economic contexts. Through a doctrinal, statutory, jurisprudential, and comparative analysis, the study examines the criteria that must be observed to assign probative value to such content, taking into account authenticity, relevance, integrity, context, corroboration, and traceability. It is argued that digital posts can serve as relevant elements for identifying the obligor's economic activities but should not automatically lead to a conclusion regarding the specific amount of their income. Their evaluation must be conducted in a holistic, rational, and reasoned manner, safeguarding the right to support, the best interests of the child, due process, and legal certainty.