El Interés Superior del Menor en el aspecto de cobertura de pensiones alimenticias en Guayaquil.

Abstract

Background. thesis work is framed in Procedural Law, it is based on the best interest of the minor and the importance of alimony that seeks to guarantee the protection and well-being This principle is. By applying the principle of the best interests of the minor in determining alimony, the aim is to prioritize the rights and needs of the minor above any other interest. In the context of alimony, the best interest of the child plays a central role. The main purpose of alimony is to ensure that children have access to the necessary resources to cover their basic needs, such as food, housing, education, medical attention and other relevant aspects for their integral development. Its General Objective is: in this case, to analyze whether the pension set for the minor is proportional to the basic needs, a proportional balance in the setting of the pension and a sanction in case of non-compliance. In the process of fixing the alimony, the judge must analyze the situation of the obligee (father or mother who must pay the alimony) to determine the economic capacity that he has to contribute to the maintenance of the minor. The judge must consider the obligor's income, expenses, and obligations, as well as any other relevant factors that may affect his or her ability to pay alimony. The methodology used is a mixed approach, analytical-qualitative, quantitative .The probabilistic sampling allowed to survey 33 people who are classified into 3 judges, 15 free practice lawyers and 15 non-custodial guardians. An analytical comparison, it was determined that this situation not only affects the minor, the family and their environment, it also affects the non-custodial guardian. Conclusion. The best interest of the minor prevails over the economic reality of the maintenance debtor, since the needs of the minor, however basic they may be, are important.