Introduces Several Amendments To Law Nº 14.908, On Family Abandonment And Payment Of Alimony

Original Language Title: INTRODUCE DIVERSAS MODIFICACIONES A LA LEY Nº 14.908, SOBRE ABANDONO DE FAMILIA Y PAGO DE PENSIONES ALIMENTICIAS

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(Amended article 1 as follows: to) replace your subsection first by the following " : "Food trials, will get to know the family judge of the address of the recipient or the food, at the choice of the latter. These judgments will be processed in accordance with the law No. 19.968, with the modifications set forth in this legal body. "."

(b) replacements the second and third subparagraphs by the following: "shall have jurisdiction to hear the demands of increase in alimony the Court decreed the pension or the new Head Office of the food, at the choice of this.
Reduction or cessation of pension demands will know the Court of the domicile of the food. "."

(c) add the following final paragraph: "mother, whatever your age, you can apply for food for the child already born or who is to be born." If it is less, the judge should exercise the right granted by article 19 of law No. 19.968, in the interest of the mother. "."

((2) amended article 2 as follows: to) Suprimense the first paragraphs to third.

(b) replace, in the fourth paragraph, which becomes paragraph first, the phrase which is then followed by the following point: "In such a case, the Court shall in conformity as provided for in article 23 of the law No. 19.968.".

(c) Agreganse the following second and third subparagraphs new: "the defendant shall notify the Court any change of address, employer and place where work or render services, within thirty days from the change has occurred.
A defendant who does not give compliance as provided in the preceding paragraph you shall be, at the request of a party, a fine of 1 to 15 monthly tax units, a tax benefit. "."

(3) add the following article 4º, new: "article 4.-trials in which food is demand the judge must pronounce on makeshift food, along with support demand to proceedings, with the only merit of the documents and submitted background."
The respondent will have within five days to oppose the decreed provisional amount. In the notice of demand must inform is this ability.
Presented the opposition, the judge will resolve plane, unless of the merit of the background it considers necessary to summon a hearing, which shall be made within ten days.
If within the period indicated in the second paragraph there is no opposition, the resolution which sets the temporary food will cause enforceable.
The Court may temporarily access application increase, reduction or cessation of an alimony, if it considers that there are sufficient precedents which justify it.
The resolution who has ordered the temporary food or which temporarily decision on the request for increase, reduction or cessation of an alimony, will be susceptible to the appeal with a subsidiary appeal, which shall be granted only devolutive effect and will enjoy preference for your vision and judgment.
The judge who does not render performance as provided in subsection first incurred in failure or abuse that the aggrieved party may proceed in accordance with Article 536 of the organic code of courts. "."

(4) replace article 5 by the following: "article 5.-the judge, to provide the demand, shall order that the respondent accompany, at the preparatory hearing, liquidations of salary, copy of the statement of income tax of the preceding year and fees ballots during the current year and other background that to determine their heritage and economic capacity." In the event that does not have such documents, it will accompany, or extend in own hearing, an affidavit, which will leave evidence of their heritage and economic capacity. Heritage statement must indicate the approximate amount of your income, ordinary and extraordinary, identifying more fully possible, if it has them, their assets, such as real estate, vehicles, values, rights in communities or societies.
For purposes of the foregoing, the tribunal will quote the defendant to the preparatory hearing personally or represented, under penalty of the proceedings under article 543 of the code of Civil procedure.
If the respondent does not give compliance as ordered in accordance with the first subparagraph, or if the Court considers it necessary, shall request ex officio service of internal revenue, to the social security health institutions, to the administrators of funds pension and any other public or private body, the background allowing to demonstrate the economic capacity and the assets of the defendant.
Concealment of any of the sources of income of the respondent, made at trial that required compliance with the nutritional obligation, shall be punished by imprisonment in any of its degrees.
The defendant who does not accompany some or all of the required documents or do not formulate the affidavit, as well as which knowingly false documents present, and the third provided to you maliciously false or inaccurate or documents in that it omitted relevant data, in order to facilitate the concealment of income, property or economic capacity, will be punished with the penalties of article 207 of the Penal Code.
The inclusion of inaccurate data and the omission of relevant information in the affidavit that the respondent extend under this article, shall be punished with sentences of article 212 of the Penal Code.
Acts celebrated by the recipient to third parties in bad faith, with the purpose of reducing their heritage to the detriment of the food, as well as apparent or simulated acts performed for the purpose of harming the food, may be revoked in accordance with article 2.468 Civil Code. For these purposes, means that the third is in bad faith when it knows or should know the fraudulent intention of the alimony. The foregoing is without prejudice to the criminal liability that corresponds. The action will be processed as incident, before the family judge. The resolution which makes its decision on this matter shall be final only devolutive effect. "."

((5) amending article 8 as follows: to) be inserted in your paragraph first, between the words "food" and "by", the expression "provisional or final", preceded and followed by a comma.

(b) add in your third paragraph, before the phrase "in any State of the trial", the phrase "with plausible basis", followed by a comma.

(c) replace, in its third paragraph, point separate by a comma, adding the following: "provided that give assurances of full and timely payment.".

(6) Replace subparagraph first item 9th, by the following: "Article 9.-the judge may impose or approve that she is charged to the payment of the pension, partial or completely, useful or extraordinary expenses to make the alimony to satisfy permanent needs of education, health or housing of the food.".

((7) amended article 13, in the following terms: to) in your paragraph first, replace the phrase "concerned article 8", by "in articles 8 and 11".

(b) replace the second subparagraph by the following: "the resolution which imposed the fine will have merit Executive enforceable once.".

(c) disposed of, in its third paragraph, the phrase "determine responsibility for him in the fact and".

(d) add the following final paragraph: "non-compliance with the deductions provided for in the two preceding subparagraphs shall be applicable to the employer established in subsection fine first this article, without prejudice to the civil and criminal liability that corresponds.".

((8) amending article 14 in the following aspects: to) in your paragraph first, replaced the word "quotas" by the phrase "enacted pension" and replacements words more "audience need" "formality".

(b) replace the third subparagraph by the following: "for the purposes of the preceding subparagraphs, the Court which handed down the proceedings, if it is deemed strictly necessary, may authorize the police to pave and shoot the domicile of the defendant and ordered that this be led directly to the Gendarmeria de Chile. Police must previously intimate performance the inhabitants, by giving them a written communication or fixing it in place on the door. If the recipient is not there at home which consists in the process, the judge will order the security forces to investigate their whereabouts and shall take all measures necessary to make effective the urge. "."

(c) Insert the following subsection fourth, new, passing current subparagraphs fourth, fifth and sixth to fifth, sixth and seventh, respectively: "In any case, police can arrest the defendant in any place that it is.".

(9) add the following article 16, new: "article 16.-Notwithstanding other constraints and penalties provided for in law, exist one or more pensions unliquidated, judge shall, at the request of a party, the following measures:"
1 instruct, in the month of March of each year, the General Treasury of the Republic, which hold the annual return of income taxes that corresponds to receive alimony debtors, outstanding amounts and the pension accrued to date in which the return due has been verified.
The Treasury shall inform the respective court the fact of retention and the amount thereof.

2 suspend the license for driving vehicles powered by a term of up to six months, extendable up to same period, if the alimony remains in breach of its obligation. That term will be counted from the respective license put to disposition of the clerk of the Court.
In the event that driver licence is necessary for the exercise of the activity or employment that generates income to the recipient, it may request the interruption of this constraint, provided that it guarantees the payment of the amount owed and undertakes to solve, within a period which shall not exceed fifteen calendar days, the amount set by the judge , in connection with regular and special monthly incomes perceived the alimony.
The measures provided for in this article shall also respect the alimony that is in the situation referred to in the preceding article. "."

((10) amending article 18 as follows: to) in the paragraph first, delete the phrase "who liveth in concubinage with the parent or spouse alimony and".

(b) add the following new second subsection: "third party who collaborate with the concealment of the whereabouts of the respondent for effects prevent your notice or compliance with any enforcement measures laid down in this law, shall be punished with the night imprisonment, among the twenty-two hours of every day until six o'clock on the following day , up to fifteen days. "."

((11) amending article 19 as follows: to) in subsection first, replace the phrase "article 14" with "articles 14 and 16", and add the following paragraph: "3. authorize the departure from the country of the minor children without the consent of the recipient, in which case will proceed in accordance with provisions in the sixth paragraph of article 49 of law No. 16.618.".

((((((b) in the second subparagraph, delete the letter to), passing the letters b), c) to be letters to)) and (b), respectively. "."