Sunday, April 2, 2023

They settle the food in foreign currency to reduce the effect of inflation.

It was clarified that the fact that the children travel 50 days a year to see their father does not reduce the economic burden borne by the mother, who works and takes care of her practically alone. Is.

The National Chamber of Civil Appeals ratified the establishment of a provisional food quota in Canadian dollars (1,500 per month) in response to inflation in the country and place of work and residence in North America.

The court stressed that, given that the fathers of the children reside in Canada and receive their income in a currency “of marked strength and stability, while there is no legal impediment, in the specific case it was convenient to establish the benefit in Canadian dollars,” To keep the maintenance obligation against the effects of inflation to the maximum extent possible”.


“Facing an economic reality in which the phenomenon of inflation exists, it is undeniable that over time the amount determined by decision or agreement by the parties becomes insufficient.”

(by decision of the National Chamber of Civil Appeals)


In the meantime, he clarified that the fact that the infant travels to Canada 50 days a year “does not significantly reduce the economic burden of support borne by the mother”, who, in addition to working, can help her children. takes care of almost exclusively. , a circumstance which has not been denied by either side.

“The establishment of a provisional meal authorized by Article 544 of the Civil Code during the processing of the trial or as an advance measure – that is, the ‘provisional’ advancement of the object adopted in the trial – tends to meet the needs of the beneficiary. When until they reach the other elements of evidence that allow the determination of a fixed pension”, recalled Room.


Upon dismissing the defendant’s appeal, the court recalled that the purpose of provisional alimony is to “promptly protect the needs of the applicants”, as waiting until the end of the trial (however brief) may be necessary for their lives. items may be denied. ,


In this sense, it indicated that since all the evidence elements have not yet been collected and the debate is not over, the provisional alimony should be based on what prima facie arises out of the amount provided in the file, until that amount should be reached. Certainly clarified. Fee, which will be established only in the sentence.

“Faced with an economic reality in which the phenomenon of inflation exists, it is undeniable that over time the amount determined by decision or agreement by the parties becomes insufficient,” he said.

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Upon dismissing the defendant’s appeal, the court recalled that the purpose of provisional alimony is to “promptly protect the needs of the applicants”, as waiting until the end of the trial (however brief) may be necessary for their lives. items may be denied. ,

“One determining factor in the increase in quota is the increase in the cost of living,” he emphasized.

To resolve, the appeal indicated that children—ages 10 and 14—have specific needs for their development in food, health, clothing and education, which must be provided to both parents, without prejudice Which can be resolved in a timely manner, taking into account the expenses listed in the statement of claim for the last installment.

With regard to the reduction requested by the father during the time he spent with his children in his home country, the Chamber agreed with the status quo in the sense that it did not significantly reduce the economic burden of support borne by the mother. is done.

For this reason, he confirmed that the obligor must deposit the amount claimed by the woman equal to US$1,160.

Nation World News Desk
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