How can I claim food?/Legal Office

The legal office of EL TIEMPO and the Universidad Libre resolves your concerns about food and paternity.

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CEET

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CEET

EL TIEMPO and Unilibre respond to this and other legal queries in this space.

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Family

Food

Paternity

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Find the validation of El Cazamentiras at the end of the news.

October 1, 2018, 11:55 A. M.Zaida L. Piñeros H. October 1, 2018, 11:55 A. M.

ELTIEMPO.COM and the Universidad Libre partnered to provide users with free legal advice and with experts of the Faculty of Law of this prestigious university. In this office the experts of the Free University answer 10 questions that they send during the week. This initiative has the purpose of solving for free the doubts that Colombians have regarding issues such as divorce, credit, inheritance, photo fines, food, paternity, debts, sexual harassment in social networks and labor conflicts. You can participate in the legal consultation here.

Questions and answers on real estate law / Legal advice Can my boss give me tasks by WhatsApp during non-working hours? How to distribute an inheritance? Here we explain it / Legal office Answers to questions about debts / Legal office What documents are needed for a divorce? / Legal officeHow to get divorced fast and cheap? / Legal office I have conciliation before the Colombian Institute of Family Welfare for food. Complaint in the prosecutor's office for lack of food assistance. But the father of my two-year-old and one-year-old children, even so, does not provide them with the fixed maintenance quota of 50 percent of their salary. Since he doesn't have a permanent job or assets, I can't make a food seizure, and the prosecutor's office tells me that by not demonstrating economic sufficiency they file the case for me. Can I do something about it? Is there another action I can use against him? Grandma also has no assets in her name. How could I handle the case?

Answer: Legally, there is no action against the father, because the crime of non-food assistance is configured when being able to pay for food, he does not, in the case raised by the The father does not have the economic means to pay the fee, nor does he have assets to be able to seize. In addition, the paternal grandparents, according to what you mentioned, do not have any assets either, therefore, legally there is nothing to do; Since alimony is already fixed, when the father gets a job, he can be sued to pay the arrears that he has stopped paying.

Where should I go to file a claim for paternity and food? And what requirements do I need?

Answer: In the face of conflicts derived from paternity, there are several lawsuits that can be filed. I suppose that the one referred to is a paternity investigation, which is filed before a family or promiscuous family judge, to declare through a process that a person has as a father who is sued in the process. In this process, the paternity test must be carried out to demonstrate that the defendant is the father, if paternity is proven, the judge by means of a sentence declares the paternity and in it the alimony quota is set taking into account the expenses of the child and the economic position of the defendant. To start this process, you need to give power to a lawyer or go to a popular legal service, or to the ombudsman who will process the process without paying a lawyer's fees. In legal offices, the process is not processed because they do not have competence for it.

I would like to know what is the process to demand that the father of my son legally recognize him? My son is 5 years old and is registered only with my last name.

Answer: The process to demand that a father recognize his son is the paternity investigation process that is carried out before a Judge of Family or Family Promiscuous, where the paternity test is performed and if with this test it is shown that he is the father, the Judge will declare paternity by means of a judicial sentence. This sentence is taken to the Notary where the child is registered and they change the surname to that of the father. This procedure is carried out when the father does not want to recognize the son. Because if the father wants to recognize the son as his, he can go before the family ombudsman and recognize him, he can also do it by public deed in a Notary Public or before any Judge, this can only be done voluntarily by the father. If you do not want to recognize it voluntarily, it is necessary to start the paternity investigation process, for which you need to give power to a lawyer or if you do not have the money to pay a lawyer's fees, you can go to a popular legal service, or to the defense of the people to handle the process without paying a lawyer's fees. In legal offices, the process is not processed because they do not have competence for it.

I married my husband who has custody of their two children. The mother has never subsidized maintenance, although they have conciliation at the family police station, she has never been in charge of the children, neither financially nor emotionally. I want to adopt the children. I don't know if it's possible to take away parental rights from the biological mother, because we haven't heard from her for more than 2 years. My desire is to register them as my children so that they can enjoy the benefits that are available in my company for children of employees. I currently have them registered as children in my compensation box and Eps. What can I do?

Answer: It is necessary to carry out a procedure called Adoption by Consent, which is contained in the new Childhood and Adolescence Code, according to which the spouse or permanent partner, to the child of their spouse or partner, as long as an interrupted cohabitation of at least two years is demonstrated. This process has two parts, one before the Family Welfare and another before the Family Judge, and there they must provide all the tests on the breach of the obligations on the part of the father or mother. The Colombian Institute of Family Welfare must attend adoption conferences or talks, provide documents, individual interviews, home visits and psychological tests (if considered).

I want to know if a maintenance quota can be adjusted or increased taking into account the difference in income between the father and mine. I am unemployed and the father of my two daughters has a stable and highly paid job. What options do I have in this regard? The minors live with me.

Answer: You must exhaust the amicable agreement between father and mother or conciliation agreement. In it, their economic situation is raised (with evidence) so that the payment of their obligations is agreed (up to 50% of a current legal monthly minimum wage) and the father an increase in the child support fee.

My son's father has not helped me with the child's expenses for more than two years. His justification is that he is out of work. What should I do in this case?

Answer: From the beginning you should have demanded the payment of child support, regardless of whether the father is working or not. When one of the parents is not working, the alimony quota must be considered as a maximum of 50% of the legal monthly minimum wage in force. You must summon him to a conciliation center.

How much is the annual increase by law that a father must make to his child's child support fee? How do you claim that increase? If it does not do so, what consequences does the father of the family have on the payment of the child support fee?

Answer: If there is no different agreement between the parents, the child support fee will be readjusted periodically every the first of the following January, based on the Consumer Price Index (CPI), however, the judge or the parties may agree to another periodic readjustment formula. If the increase is not made, you must first contact the responsible parent of the payment to carry out the increase, otherwise it is summoned before conciliation or communicated to the Judge in the case in which a fee has been set through the Family Court.

Food and paternity

1. How can I offer a child support fee?2.If after doing a DNA test I discover that the child is not my child, what should I do to remove the last name? 3. How do I recognize my child's paternity outside of wedlock?4.How do I assign a fixed monthly amount for child support?5 .What can a person be seized for their child's food and up to what amount of money would correspond to that precautionary measure?6. What is the difference between food non-assistance and a food process?7. If I am deprived of my liberty, can I start a process of non-food assistance?8. How can I start a process for food exemption?9. Up to what age do children have the right to claim food?10. Are children outside the marriage can ask for food? See the answers to these and other questions on the Facebook Live below:

See here the Facebook Live with an expert on the subject of paternity and alimony

Question: How can I lower the alimony fee filed by the family court and the family commissioner taking into account that Does my salary depend on sales commission?Answer: 1. You can summon the father or mother to a new conciliation to resolve the controversy taking into account the salary or economic modification that you have. You can request a reduction in the food quota through the family commissioner, the closest family welfare to the child's residence. 2.If the conciliation has not been carried out, it will be necessary to initiate a lawsuit before the Family Judges and it must be shown that the economic conditions of the plaintiff changed (decreased) compared to those that were held at the time of the alimony reconciliation or at the time of fixing the quota by the Judge. Question: If I sue my child's father for child support, does he have the right to take my child? Answer: The visitation right is a family right of which both parents and children are joint holders and whose exercise must be aimed at cultivating affection, unity and solidity of family relationships. The child has the right to share with his parents. It should be taken into account that among the duties of separated or divorced parents is to ensure the permanent care of their offspring, and that in the face of the physical and material separation of the couple, the children remain in the direct care of only one of those. However, when the father or mother who does not exercise this direct care, has the right to visit the children and to be visited by them permanently. This means that the regulation of visits is a right of the children, the girls and adolescents, absolutely demandable against the father who prevents them or against the one who simply does not exercise them.Question: Can I sue for food or file a complaint for lack of food assistance to the father of my son who is out of the country? Answer: Yes, you can take whatever action you consider appropriate, even when the father is out of the country. If you want to start a process for maintenance against a father or mother who is abroad, you must take into account the following:1.The irresponsible father/mother must be in a country that be part of the UN Convention for obtaining maintenance abroad.2.Or, be part of the Ibero-American Convention on maintenance obligations.3.The father /Interested mother must submit the application for international support to the area center of the Colombian Institute of Family Welfare that is closest to the child's place of residence so that the Family Ombudsman can provide the necessary support.4. Likewise, you can submit the request before the Administrative Chamber of the Superior Council of the Judiciary, for which you need to hire a trusted lawyer. These entities only comply with sending the requests to the countries where the irresponsible parents are, since they do not they have the power to promote those requests. You must be very clear about the location of the defendant. Even, if possible, you must provide the addresses you have had in the last 5 years in that country and also indicate what and where you work. Do not forget to indicate the full names of everyone and attach the civil birth records of the minors. Once this stage has been exhausted, it can be considered to initiate a labor lawsuit or complaint for lack of food assistance.

Parental Authority

Question: My 3-year-old son is in charge. The mother left it to me, claiming that she is not interested in knowing anything about the child because her work is more important to her. How can I obtain custody and parental authority of the child?Answer: According to article 288 of the Civil Code, parental authority “is the set of rights and obligations that the law recognizes for parents over their children not emancipated, to make it easier for those to fulfill the duties that their quality imposes on them." That is to say, parental authority corresponds privately and jointly to the parents, which can only be exercised by them, which means that it cannot it goes beyond the scope of the family, also being exercised with respect to all children, including adoptive ones. That is why the law itself provides that in the absence of one of the parents, parental authority will be exercised by the other, there is also the possibility that, in some aspects, it may be delegated between themselves, from one to the other (C.C. Arts 288 and 307). Regarding parental authority, the Court has indicated that it is of public order, obligatory and inalienable, personal and non-transferable, and unavailable, since it is the duty of the parents to exercise it, in the interest of the minor, without such exercise can be attributed, modified, regulated or extinguished by their own private will, except in the cases that the law itself allows it. The parents, by mutual agreement, through extrajudicial conciliation, cannot terminate or suspend the exercise of the same on their minor child, that is, they cannot "suspend or lose it" to avoid the obligations that are constitutionally and legally required of them towards their children. The loss or suspension of parental authority, as this is a constitutional and legally inalienable, non-transferable, imprescriptible and temporary legal institution, must be decreed by means of a sentence by the competent judicial authority.

Criminal

Question: A colleague from the company forged my email address and signature to commit the crime of continuous theft. The company just fired him. I would like to know if I can take legal action against you. SEE THE ANSWER HERE. Question:Does sharing false content on social media have any legal consequences? SEE THE ANSWER HERE. Question: If I post photos of another person with offensive messages towards them, defaming their name, do I commit a crime? SEE THE ANSWER HERE.

Debts

Question: I loaned a co-worker money and he was fired. He doesn't want to pay me, but I have signed a bill of exchange. How can I make it effective? SEE THE ANSWER HERE.Question: I lent 3 million pesos and the person signed me two letters, he only made me a small payment, and when the loan term expired the person told me that he had no money to pay me. He has no property in his name. He only works in a store selling clothes. Is there a legal way to collect that money? Is there any instance where this type of person can be denounced and reported, to prevent other people from continuing to fall? I have not been the only one who has lost money to that person in that way. SEE THE ANSWER HERE.Question:.What happens if I default on a payment agreement with a bank? SEE THE ANSWER HERE.'Question: I bought an apartment about four years ago for family use. What should I do to shield it in case it has debts? SEE THE ANSWER HERE.

Labor

Question:. If I have certain overtime hours and the company sends me to rest at its will, can the rest days be deducted from the overtime, that is, if I have 60 overtime hours and rest 4 days, those 4 days would correspond to 32 hours of work, is it legal for them to be deducted from overtime and in turn from the fortnight? SEE THE ANSWER HERE.Question:I just suffered a fall during working hours, hurting a previously fractured clavicle and with reduced or no mobility due to severe pain. What should I do? SEE THE ANSWER HERE.

Divorce

Question: If I bought an apartment with my wife, we have a girl, and she wants to be the sole owner, then how can I give up my share of the apartment so that she remains the sole owner? of the apartment?, with the clarity that we both request the housing loan for the acquisition of that property. SEE THE ANSWER HERE.

Leases

Question: Can a tenant withhold money from the rental payment of a property without having moved in? SEE THE ANSWER HERE.

October 1, 2018, 11:55 AM ZLZaida L. Piñeros H. October 1, 2018, 11:55 AM Related:

Family

Food

Paternity

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