Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Cevallos Salguero, Christian AndréSubject: search.filters.subject.PENSIÓN ALIMENTICIA

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    El incidente de rebaja de pensión alimenticia y el derecho de igualdad
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-05) Cevallos Salguero, Christian André; Altamirano Zavala, Andrea
    The present investigation has a purpose is to divide the process of alimony reduction with the objective of guaranteed all of rights of people intervening. The unnumbered article 8 of the Reform Law of Childhood and Adolescence Code mention that in case of the obligor require access to readjustment of the alimony value, he must to wait for the resolution give by the competent, of this form, the State not being guaranteed the right of equality of the obligor and at the same time the principle of procedural speed is being violated. In other aspect, in case of established the reduction of alimony be enforceable since your presentation, the best interest of children was unobserve. During the development, the qualitative-quantitative method will be used because is the best alternative for this type of investigation, having with objective propose a practical and effective solution that contributes directly to society. Finally, is established the solution: to divide the event in two different ways of proceeding: As first, find that the reduction of alimony be enforceable since your presentation only when the obligor present and justify be in critical situations; and secondly, in case of determine that these are not situations that not affect significantly the personal situation of the obligor and he even so requiress access to the reduction of alimony payment, this will be enforceable only after the resolution issued by the judge, this with the only purpose of guaranteeing the best interest of the child.