Maintenance is the personal right to receive food funds, and at the same time it is an obligation for those who must pay those funds. It is a debtor and credit relationship, that is, it is made up of a debtor and a creditor. The special thing about this credit relationship is that it is based on kinship.
Maintenance is the legal obligation that a person has to provide food between relatives when these people are in a state of food need.
- The creditor will be the family member who has food needs. In maintenance, this part is called feeder.
- The debtor is the family member who is obliged to cover those food needs. In child support, this part is called the obligee.
What should this child support cover? It can be broad or strict. In a broad sense, it must cover food, housing, clothing and medical care. If they are minors, education is also included. Strictly speaking, you should only comply with the aid necessary for life. It will be done financially.
The amount of maintenance is proportional to the economic capacity of the obligor and the need of the needy.
The essential maintenance notes are:
- Very personal right: The obligations and rights of this maintenance are extinguished with the death of both the obligee and the obligee.
- Imprescriptible: there is no temporary term that makes the support decay.
- Intransmissible: This obligation to feed or the right to be fed cannot be transferred to a third party.
- It has constitutional anchorage in the protection of the family: It is legally established and has the purpose of protecting the needy relative.
- Variable: The amount of maintenance can be modulated if the circumstances of the obligee and obligee change.
The main requirements that this support must meet are:
- There must be a relationship of kinship or cohabitation. Who is entitled to support?
- Descendants, ascendants and brothers in need. Minor children have much more extensive maintenance than that of the rest of the relatives because they are under parental authority.
- Legally or de facto separated spouses. In the case of divorced spouses, what exists if certain economic and temporary budgets are given is a compensatory pension.
- There is a hierarchy to know who will respond if there are several obligated:
- 2. Descendants of the closest degree.
- 3. Ascendants of the closest degree.
- Accreditation of the need of the obligee: the obligee may not be able to provide himself with food. There is no certain threshold where it is understood that there is no probability of being self-sufficient, so it will depend on the judge.
- Economic capacity of the obligor: the obligor must have the economic capacity both to provide food for himself and to fulfill this maintenance obligation for his relatives. There is no specific threshold, where it is indicated that with so much money it is understood that there is sufficient economic capacity. Therefore, it will be the judge who determines it.
How does the support obligation end?
The reasons why the obligation ends are:
- Death of the feeder and the feeder.
- Lack of food need of the feeder.
- Economic incapacity of the obligee.
- Bad behavior of the obligee: this happens when the obligees tend to use the funds that are given to them for other concepts than the purpose of food.