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on child maintenance for his father not recognized by

The query was:

• Hoping that you are in good health as way to write about my case. Well I want to the father of my child I spent a pension because I do not count with sufficient financial means to give but what happens is that he has not recognized it and let me know that I can do please do not be where it is terminated by the DEMUNA and informed me that there can not do anything because I have to know where you are. Please sir I beg and plead to help me and tell me that I can do besides the not given me anything since I got pregnant and he knew but did not even care. What should I do?

The

alimony

is an obligation established by law, in our case, by the Code Civil and the Code of Children and Adolescents.

The term "alimony" is used for the necessary means for a spouse who is unable to support themselves or their children. The "food" include the cost of food itself, the clothing, health, education, entertainment and others that are essential for the development of a human being or a minor, as appropriate.

What if a child is not recognized?

Peruvian legislation has established the concept of "child maintenance", according to which a mother can claim maintenance on behalf of his son. In this case, no recognition is required, but prove that the defendant had intercourse with the mother during the period in which the child could be conceived by those who claim the food.

How to prove that relations during the period of conception?

can use the "evidentiary" more varied. Just as an example, you might have communications between the mother and alleged father which is sensitive to references to whether there was sexual intimacy, or records have been staying in a hotel, or photographs, among others. We must pay attention to no one in evidence, but must be presented to a judge a body of evidence leading to the conviction that sex occurred.

"The pension of a child food is the only option?

No, but it may be the fastest. Because it allows for a maintenance without questioning the issue of paternity. However, in parallel or in succession, you can claim the "descent", ie that paternity test the link between the biological father and child case in which alimony may be ordered without a doubt. In the case of seeking to establish paternity, the proof accurate is to compare the DNA between the parent and child.

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Consultation on child maintenance for his father not recognized by conventional separation

The query was:

• have my office waiting for a response .... met a person he had a son ... when I said I was pregnant, they will not believe me .... have spent almost a year and a half and never received any pension, nor did he claim anything, but my economic situation is choking me now if I have no job and my bb needs many things .... I do not want to recognize it and you put your name, just want you to pass a pension that could help your expenses, I do not need anything except for my bb, it must be this kind of request or need that has to be acknowledged. ... I do not think your child denies it, because I have as a show ... I would like to know I have to do .... BUDGET appreciate your

Thanks for entrusting your query.

I respond with the greatest pleasure in our country there is the figure of child food ", ie a mother can ask a court to order maintenance payments to his son, even if the father not recognized and not have to establish paternity in a judicial process.

This requires the prosecution prove that the father had sex with the mother during the time he was conceived. How do you prove this? can do so through a very wide range of media, such as witnesses, communications such as letters or emails, photographs, among others, including registration in the lodge if it was the place of their meetings.

I also understand their economic problems. If you are in the city of Lima, invite her to my office and receive a free consultation. If not, I can help, preparing food demand. You would only give me the information that allows me to writing the application, which you may apply to his city at no cost for food trials are exempt from court fees and do not require the signature of an attorney.

can also use the services of the lawyer for family cases, you can find in the Superior Court of Justice of its ciudad.Esperando having directed, I wish you luck.

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Consultation and maintenance on the case of couples with children

The query was:

• If my wife and I want to separate by conventional separation, as you would get a divorce?
  After that I would have to pass a pension to it or no?
  I have 2 children but to them if they would have to go pension but my wife after separation or divorce conventional pension would correspond also as a percentage would have to pass in total for my 2 children? Jorge
  Enrique (Chicago)

Dear George, you can arrange a divorce if you have more than four years of marriage, to be treated as a conventional separation. The procedure takes between 7 to 9 months.

Under the Act, to claim you must also submit an agreement in which both spouses agree regarding child custody, child maintenance for them, visitation and other issues related to quality parents. The Convention should also include the disposition of property acquired during marriage, if you have a common heritage regime.

In the case of the conventional separation, both Spouses can also decide whether to establish a maintenance allowance for one, but this is an agreement and not an obligation, ie no pension could not be established between spouses, which is common.

regard to maintenance for their children, the amount depends on your income and standard of living of the family.

Regards,

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Publication of responses

As previously announced, will post some answers to queries that make me reach for that can be useful to readers of this blog. In the next post published the first response, precisely on the issue of divorce was on the last post. I apologize
the misspellings of queries.

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I want a divorce, what I should know?

Divorce is another thing to end the marriage, and therefore its obligations. There are two possibilities: that the couple want a divorce and there is the will of both. In this case, this is what the law calls " conventional separation." However

should be noted that this method can only be when the couple spent more than two years of marriage.

addition, it is necessary first to ask a judge to suspend the obligation to live together and the liquidation of the "community property . "

This is called "separation of bodies." Under the Act, after two months of obtaining the "conventional separation, it can ask the judge to turn it into a" divorce ", which the link is already dissolved.

grounds for divorce

The other possibility to consider the Act, the divorce if set what the law calls "causal "

• Adultery.


• physical or psychological violence.


• attempts against the life of the spouse.


• serious Injury.


• unjustified abandonment of the marital home.


• dishonorable conduct.


• habitual use of drugs.


• serious sexually transmitted disease contracted after marriage. Homosexuality


• supervening marriage. Sentence


• more than two years imprisonment.


• Unable to live together, tested in court.


• The de facto separation for more than two consecutive years, or four if they had minor children.

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Are there impediments to marriage?

To marry, they must be "legally fit. "
What does this mean?
Let those who wish to marry are not in any case or disability as determined by law. In doing so, it would be an invalid marriage.
What are the "obstacles"?
can not marry:
Minors, unless authorized by a judge and the male is not less than 16 and women under 14. About
they had a chronic disease that was transmitted.
Those suffering from chronic mental illness.
Deaf, ciegomudos ciegosordos and who can not express its will no doubt cause.

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What happens to property in marriage?

With the act of marriage, all property the couple acquired have a common ownership, the Act calls " conjugal partnership."
This means that both spouses manage this common heritage and therefore have to intervene in all acts relating to the transfer, for example. However, any one can give "power" to the other to assume sole management.
What about the property you owned before marriage?
commons will obtained after marriage. Each government retains of his "own property ", ie those who had owned before marriage.
Can we have separate property?
before marriage or during marriage, the couple can choose a different regime, "separation of assets." In this scheme, each fully retains ownership, management and disposition of property.

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What is marriage?

According to our Civil Code , marriage is the voluntary union between a man and a woman to make a life together. To marry, they must be "legally fit. "

What are the consequences?

Del marriage were born obligations and rights between spouses and from them to their children.

The duties are: the "faithfulness", the "mutual assistance", ie that both spouses are obligated to help each other to achieve a dignified and satisfactory for both. This duty of mutual assistance, is born, for example, the right to request an "alimony."

also a very important duty is "to live together", ie the obligation to live together in what we llamar el “hogar conyugal”. En este “hogar”, ambos esposos colaboran y se ponen de acuerdo para tomar las decisiones más importantes, tanto para ellos como para el cuidado de sus hijos.

Finalmente, una consecuencia, que siempre resulta relevante, es la constitución de lo que se llama en términos legales “sociedad de gananciales”. Esto es, salvo que lo acuerden de otro modo, todos los bienes que se adquieran después del matrimonio les pertenecerán a ambos.

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When you need a lawyer?

Normalmente, cotidianamente, desarrollamos nuestras actividades basándonos en la confianza. La mayor de las veces, las personas con quienes tratamos responden a nuestras expectativas, or meet their commitments. When, therefore, is needed the assistance of a lawyer?
When a person acts in a different way than we expect and we demand response because it may be required under the Act, we are talking about the need for the assistance of a abogado.Por example, a person has a property, say department, and decide to allow your application to another in exchange for a payment, we are talking about a lease. What happens if the person who occupies the property does not pay? This is a problem under the law is, the owner of the apartment may require the debtor to pay and the return of the property, and to avoid a conflict in which people rely on it its strength own, they can go to a public service (call for justice) which can be ordered under threat of law enforcement.