Amends Act No. 14.908 On Family Abandonment And Payment Of Alimony

Original Language Title: MODIFICA LA LEY Nº 14.908, SOBRE ABANDONO DE FAMILIA Y PAGO DE PENSIONES ALIMENTICIAS

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"(Artículo 1º.-Introdúcense en la ley Nº 14.908, sobre Abandono de Familia y Pago de Pensiones Alimenticias, las siguientes modificaciones: 1) replaced the article 1st by the following:" article 1.-food trials will know the judge's letters in the address of the recipient or the food at the choice of the latter civil and they will be processed in accordance with the summary judgment procedure "" without prejudice to the special rules referred to in the following article.
The test will be appreciated according to the rules of healthy criticism.
Appeals which are deducted will be awarded in the only devolutive effect. "."

(2) replace the article 2nd by the following: 'article 2º.-the trials of foods that may be due to children, the spouse of the recipient when it sought them together with their children, or older relatives and minors which reclamaren them together, will meet the judge of letters from children of the address of the recipient or the food at the choice of the latter. This competition will not be altered by get the child to the age of majority while the trial finds pending.
It will be competent to hear the demands of increase, reduction or cessation of alimony the same judge who ordered the pension.
The mother may request food for the child that is born. In this case apply the rules laid down for minor food.
The procedure is subject to the provisions of the Act No. 16.618, minors, in matters not provided in this legal body.
Demand may omit the indication of the address of the respondent if this is not known. In this case, and that the respondent was not there at the address designated in the demand, the judge shall take all necessary measures to determine, in the short term, your current address. "."

(3) replace the article # 3 by the following: 'article 3.-for the purposes of ordering food when a child sought them from his father or mother, shall be presumed that the recipient has the means to grant them.
By virtue of this presumption, the minimum amount of the alimony that decree in favor of a less food may not be less than forty per cent of the remuneracional minimum income that corresponds according to the age of the recipient. For two or more children, said amount not be less than 30% in each of them.
The foregoing is without prejudice to the provisions of paragraph of article 7 of this law.
If the recipient has with the Court that it lacks the means to pay the minimum amount established in the preceding paragraph, the judge can lower it prudently.
When enacted food are not paid or are not sufficient to solve the needs of the child, the food can sue grandparents, in accordance with the provisions of article 232 of the Civil Code. "."

(4) replace the article 4th by the following: "article 4.-without prejudice to the provisions of article 2, eleventh paragraph, of law No. 18.120, if the plaintiff is sponsored by Attorney enabled for the exercise of the profession and the defendant has not been taken media sufficient to cover his defense, the Court shall appoint that you sponsor a lawyer of the respective Judicial Assistance Corporation" other public or private body that provides free legal assistance, or, in their absence, the Attorney on duty. "."

(5) replace the article 5th by the following: "article 5.-in trials that will request food on behalf of the minor children of the respondent, whenever there is rationale plausible of the right claimed, the judge must decreeing temporary food matching, once elapsed term of ten days from the date of notification of the demand.
For these purposes, means that there is a plausible basis when he has has credited the title that enables to ask for food and there is a manifest inability to provide.
Within the term referred to in the first subparagraph, the defendant may expose to the Court arguments that deems relevant with regard to the origin of the provisional food and accompany the background in which it is fundare. In the notice of demand must inform is this ability. This presentation in any way interrupted the proceedings, nor will it be obstacle to answer the demand at the procedural opportunity that corresponds.
In any case, the Court shall, ex officio, decide on temporary food, whether the respondent has deduced observations or has taken the term referred to in subsection first.
The resolution which to rule on these foods will be notified in accordance with article 35 of the law on minors. In other cases, the resolution that decrees provisional food shall be notified personally or by order.
Also the judge accessible provisionally to the request for increase, reduction or cessation of an alimony, if it considers that there are sufficient precedents which justify it. The corresponding request will be processed as incident.
The resolution which decretare temporary food or which is provisionally rejected on the application 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 to his view and failure. "."

(6) be added to article 6 the following paragraph: "any decision that set alimony must determine the amount and place of payment of the same.".

(7) replace the article 7º, which happens to be 11, by the following: ' article 11.-any judicial decision which set an alimony, or who approves a transaction under the conditions laid down in the third subparagraph, shall have executive merit. " It shall be competent for execution the Court which issued it only or first instance or the new Head Office of the food.
Transactions on future foods will have the quality of Ministers of faith, in addition to those listed in other legal provisions, the chiefs lawyers or coordinators of the clinics in the respective Corporation's legal assistance, for the sole purpose of authorizing signatures that are estamparen in his presence.
The judge can only give its approval to transactions on future foods, to the 2.451 article of the Civil Code, refers when indicated in them the date and place of payment of the pension, and the agreed amount is not less than that provided for in article 3 of this law. The mention of the date and place of payment of the pension will be required, in addition, that the Court approve the avenimientos about future food.
Unless stated otherwise, in the case of alimentantes as dependent workers, the judge will order as a modality of payment of the pension agreed retention by the employer.
This form of payment it will Decree, without further formality, every time that the recipient does not comply with the agreed food obligation. "."

(8) move article 8 as new article 12.

(9) replace article 9, which becomes 8th, by the following: 'article 8.-judicial decisions which order the payment of an alimony by a dependent worker shall establish, as mode of payment, the withholding by the employer. The Court ruling mandating a thus it shall be notified to the natural or legal person who, by or self-employed or in the performance of an employment or office, payable to the recipient your wages, salary or any other benefit in money, to retain and deliver the sum or periodic fees fixed therein directly to the food his legal representative or the person to whose care is.
Notification of the resolutions referred to in the preceding paragraph shall be made by registered letter, leaving testimony in the record of that person was notified by this medium, the date of delivery of the letter to the post office, the individualization of the office and the voucher number issued by it, which adhere to the record after the testimony. Notice the fifth working day following the date just aforementioned practiced means. If the certified mail is returned by post by have not been able to deliver to the recipient office, adhere it to the record.
The dependent respondent may ask the judge only once, at any stage of the trial and before the enactment of the ruling, which replace, by another form of payment, the withholding by the employer.
The respective request will be processed as incident. Decreed manner of payment be welcomed, shall be subject to the condition of full and timely compliance.
There is non-compliance, the judge, ex officio, and without prejudice to the sanctions and constraints that are relevant, shall order that hereafter decreed alimony is paid pursuant to subsection first. "."

(10) repealed the final subparagraph of article 10, which becomes 7th, and replace the third subparagraph by the following:
"When alimony is not assessed on a percentage of the income of the recipient, or in minimum income, nor in other indexed values, but in a fixed amount, this will reset every six months according to boost who has experienced price index to consumer fixed by the National Institute of statistics, or the body which make their times, from the month following that in which the resolution that determines the amount of the pension was enforceable.".

(11) replace article 11, which becomes 9th, by the following: "article 9.-the judge may impose or approve that she is charged, partially or wholly, to the payment of the pension certain benefits that make the alimony on the occasion of education, health, housing, food, clothing, recreation or other food needs.
The judge may also fix or approve that alimony imputing total or partially to a right of usufruct, use or room property of the recipient, who may not dispose of them or tax them without the authorization of the judge. Case of a good root, the Court ruling will serve as a title to enter the real rights and the prohibition of transfer or taxing in the corresponding registers of the conservative real estate. Own food may require these inscriptions.
The Constitution of the mentioned rights in rem will not harm the other creditors whose credits have a cause prior to your registration.
In these cases, the usufructuary, the user, and that enjoyment of the right of the room shall be exempted from the obligations which they laid down in articles 775 and 813 of the Civil Code, respectively, being only obliged to make a simple inventory. Shall apply to the usufructuary the 819 articles, paragraph first, standards and 2466, third paragraph, of the Civil Code.
When the food spouse is entitled to request, for themselves or their children, the establishment of a usufruct, use or room in accordance with this article, shall not be required establishing article 147 of the Civil Code with respect to the same goods.
He pay tuition so ordered or agreed upon will not incurring the constraints set out in this law to the other and, in the case of the right room or usufruct went on real estate, be incurred in these constraints even before completing the registration referred to in the second subparagraph. "."

(12) be added in article 12, that it becomes 10, following new second subsection: "will order it especially if there is probable cause to estimate that the recipient is absent from the country. While it yields the ranked suretyship, that shall be considered the period of absence, the judge will Decree the rooting of the alimony, which shall be without effect by the Constitution of the bond, and the judge communicate this fact immediately to the police authority who gave the order, without any further formality. "."

(13) replaced article 13 with the following: "article 13.-If the natural or legal person who should make the retention referred to in article 8, desobedeciere the respective judicial order, shall incur fines, tax, equivalent to twice the amount sent to retain, which does not preclude the writ of execution that is put against her or against the other."
Fine will be Decree brief and summarily by the tribunal which met food first or single-instance judgement, and the resolution which imposed it will merit Executive enforceable once.
The employer must give account to the Court from the end of the employment relationship with the recipient. Breach, the Court will determine the responsibility of him in the fact and shall apply, if appropriate, the penalties established in the preceding paragraphs. The notification referred to in article 8 shall state such circumstance.
Where appropriate the substitutionary payment of the prior notice referred to in the articles 161 and 162 of the labour code, shall be the duty of the employer to retain her the sum equal to the alimony of the month following the date of the end of the employment relationship, for payment to the food.
Likewise, if compensation is from for years of service referred to in article 163 of the labour code, or are rental this voluntarily, the employer is obliged to withhold such compensation total the percentage which corresponds to the amount of the pension of the monthly income of the worker food, in order to make the payment to the food. The recipient may, in any case, attributing the amount withheld and paid to the future pensions accrued. "."

(14) replace article 14, which happens to be 20, by the following: "article 20.-without prejudice to the filing of the competition on the Court is the issue, shall apply the rules laid down in this law to food requested incidentally in the judgments on domestic violence, claims of filiation, separation of property, divorce and in general" , in any other proceedings in which the law consider expressly request them. "."

(15) replace article 15, which happens to be 14, by the following: ' article 14.-If enacted food by resolution causing record on behalf of the spouse, parents, children or adopted, the recipient has failed to meet its obligation in the form agreed or ordered or has failed one or more fees, the Court which delivered the judgment shall " at the request of party or ex officio and without any further formality, oblige the debtor as a measure of constraint, the night arrest among the twenty-two hours of each day until six o'clock on the following day, up to fifteen days. The judge may repeat this measure until the full payment of the obligation.
If the alimony violated night or persists in the non-food after two periods of night, the judge may push it with arrest up to 15 days. Where are new constraints, you can expand the arrest by up to 30 days.
For the purposes of the preceding subparagraphs, the Court that received the urgency instruct enforcement lead to the recipient directly to the Gendarmeria de Chile, to allow compliance. If the recipient is not there in the home which consists in the process, the judge shall take all measures necessary to make effective the urge.
Where necessary, enact two or more constraints for non-payment of same quotas, the overdue alimony will bear current interest among the respective fee due date and the cash payment.
In situations referred to in this article, the judge shall also issue order of rooting against the other, which shall remain in force until payment of the amount owed. For these purposes, orders enforcement and rooting will express the amount of the debt, and you can receive valid payment police unit which will give them compliance, must deliver proof to the debtor. This provision shall also apply in the case of the establishment referred to in article 10.
If the recipient has with the Court that it lacks the means to pay for their food obligation, the urgency and the roots may be suspended, and shall have no application under the fourth paragraph. Same decision may take the Court, ex officio, at the request of Gendarmeria de Chile, in the event of illness, disability, pregnancy and puerperium which take place between the six weeks before childbirth and twelve weeks later he, or extraordinary circumstances that prevent compliance with the enforcement or transformaren in extremely serious or part. "."

(16) incorporate the following article 15, new: ' article 15.-the proceedings regulated in the preceding article shall apply to that, being obliged to provide food to persons referred to in that provision, put an end to its workers by voluntary resignation or mutual agreement with the employer, without cause, after notification of the demand and lack of income that are sufficient to meet the obligation to food. "

(17) repeal articles 16 and 17.

(18) replaced article 19 with the following: "article 19-if you constare on record that it has decreed two times against the other any of the constraints referred to in article 14, shall where appropriate, before the Court concerned and always at the request of the holder of the respective action, as follows: 1. ordering the separation of property of the spouses."
2 authorize women to act in accordance with the second paragraph of article 138 of the Civil Code, without it being necessary to prove the harm referred to in that subsection.
The circumstance referred to in the previous paragraph will be specially considered to resolve on: to) the authorisation for the departure of minor children.
(b) the lack of contribution referred to in article 225 of the Civil Code.
(c) judicial emancipation by abandonment of the child referred to in article 271, number 2, of the Civil Code. "."