Suspensión temporal de la pensión alimenticia por cambio en la forma de prestar alimentos.

Abstract

The development of the following legal research work exposes the problem that is evident in the fact of the change in the modality of fulfilling the maintenance obligation, that is, that it is no longer consists of the deposit of a sum of money but in one of the forms provided in the Law. These cases are not duly regulate, generating uncertainty in the maintenance of compliance with the obligation and the obligor by generating a duplication of payment of the obligation when being entered in the Single System of Alimony (SUPA). Some questions arise about the procedure to be apply by the Judge in these cases; one of them is whether the Judge should order the temporary suspension of the payment of alimony in the SUPA registry. A case that occurs more frequently occurs when parents decide to resume their relationship as a couple to integrate again as a family within society, fulfilling their obligations within the home, that is, the obligor again assumes direct payment to satisfy the needs of the food and other members of the family. The questions to be answer in this case, in the change in the way to comply with the benefit, are: What happens with the maintenance provision ordered in the trial? Should the payment in the SUPA register be delete or suspended? How is compliance with the obligation evidenced? The investigation seeks to provide a solution from the legal system, ensuring compliance with the right to food.