Inversión de la carga de la prueba del demandado en procesos de alimentos.

Abstract

This research analyzes the reversal of the burden of proof for the defendant in child support cases in Ecuador, starting from the need to guarantee effective judicial protection and respect for the best interests of the child and adolescent. Specifically, in child support cases, there is an inequality of evidence between the parties involved, since the defendant is in a better position to demonstrate their financial capacity. To address this, the Ecuadorian legal system has incorporated the concept of reversal of the burden of proof as a mechanism to ensure procedural balance. However, in judicial practice, a recurring problem is observed: the defendant's omission and concealment of evidence regarding their income. This leads judges, lacking sufficient information, to set the minimum child support payment. This action distorts the reversal of the burden of proof, affecting the right to child support by allowing the defendant's lack of cooperation to become an unjust benefit. In this context, this research was developed through a legal, constitutional, and juridical analysis, as well as a comparative law study, which allowed for an exploration of the legal consequences of the defendant's omission and, consequently, the absence of coercive sanctions in the Ecuadorian judicial system. Finally, one legal proposal is put forward to sanction such conduct and prevent the automatic application of the minimum child support payment in the absence of sufficient evidence, strengthening the role of the judge and promoting a decision based on the defendant's actual economic capacity, in accordance with the principle of comprehensively protecting the rights of children and adolescents.