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ScribdTranslationsLancea Gamboa Carola
Analysis of file 'DETERMINATION OF FAMILY SUPPORT'
(HOMOLOGATION)
As evidence was presented: birth certificate of the minor receiving the
benefit, photocopy of the identity card of the applicant (mother), extract of
bank account, home layout, family assistance transactional agreement, with
an amount of 400 bs.
A memorial is presented; relying on the following articles 109, 112, 116, 117, and 82 of the
Law No. 603 of the Family Code.
ART. 82: (REQUEST FOR FAMILY ASSISTANCE):
when the minor does not have the necessary means for their food expenses and
health, the tutor must legally demand from those obligated so that the minor can
receive benefits and have good nutrition, health, education, etc.
ARTICLE 109: (CONTENT AND SCOPE OF FAMILY ASSISTANCE)
Family assistance is a right and an obligation of families and includes resources
that guarantee the essentials for food, health, education, housing, recreation and
investment; arises in response to the manifest need of family members and the
noncompliance of the one who must provide it according to their capabilities and is enforceable
judicially when it is not provided voluntarily; the best interest of the
girls, boys, and adolescents. Family assistance is granted until reaching the age of majority,
and may extend until the beneficiary turns twenty-five (25) years old, in order to
to seek their technical or professional training or the learning of an art or trade, always and
when the dedication to their training shows effective results.
For people with disabilities, it will be granted as long as their disability situation lasts and not
count on resources. Older adults have that right until the end of their
lives.
Family assistance will be granted to the mother during the pregnancy period, until the
moment of delivery; the same benefit will be transferred to the daughter or son born from
in accordance with the provisions of this Code
ART. 112. (PERSONS OBLIGATED TO ASSISTANCE).
The individuals indicated are required to provide family support to those
the spouse. The mother, the father, or both. The and
the siblings. The or the grandfather, or both. The children. The grandchildren.
ARTICLE 116. (DETERMINATION OF FAMILY SUPPORT).
Family assistance is determined in proportion to the needs of the beneficiary.
to the economic resources and possibilities of those who must provide it, and it will be adjustable
according to the variation of these conditions. The judicial authority will set the family support at a
fixed amount or percentage. The ability to grant family assistance will be assessed in a manner
integral of the means that demonstrate their periodic, salary or other income, in accordance with
payment slips, tax returns and other credits. The qualified amount may not
be less than twenty percent (20%) of the national minimum wage, and it will increase if there is
more than one beneficiary according to their needs. It is not considered
justification for the reduction or noncompliance of family support in favor of the women and men
children, that the person who has custody has established a new romantic relationship, nor the
order of the surnames stated in the birth certificate.
ARTICLE 117. (COMPLIANCE WITH THE OBLIGATION OF FAMILY ASSISTANCE).
The payment of family assistance is payable for overdue monthly installments and runs from the
citation with the claim may be delivered to the beneficiary directly or
deposited in an account of the financial system, based on the agreement of the parties. The
personal accounts of minors are subject to the rules of legal representation. With the
In order to ensure compliance with family assistance, the use of technology is recognized.
information and communication provided by financial entities for the realization of the
deposit to the charge of the obligated party and retro from the same by the beneficiary.
WHEN THERE IS AN AGREEMENT BETWEEN THE OBLIGED OR WITH THE OBLIGED. THIS IS
REQUEST FOR APPROVAL OF FAMILY ASSISTANCE AGREEMENT AND THE JUDICIAL AUTHORITY OF
ORDER WITHOUT NEED FOR A HEARING WILL ISSUE A SENTENCE; IF THE MONTHLY AMOUNT IS
MINIMUM BELOW THE NATIONAL MINIMUM THIS WILL LEVEL IT.
ANALYSIS OF THE SENTENCE:
Regarding the minimum amount of family assistance: it was set according to Article 116 of Law 603.
Why the amount of family support was less than the national minimum.
The factual argument cited Article 17 of Law 603 accrediting filiation which was
the birth certificate of the beneficiary was presented as proof.
Taking into account the observations made by the judge, he declares it proven
demand for determination of family support because the amount of such support agreement
what was determined in the document was below the national minimum which is leveled to the
amount of 425 Bs. monthly that the defendant must pay from the time of their notification with the
present resolution.