La fijación de la pensión alimenticia y su efectividad al momento de cubrir las necesidades de niños, niñas y adolescentes, cuando existen varios beneficiarios del derecho de alimentos

Abstract

The right to alimony as a legal prerogative is regulated in the Code of Childhood and Adolescence, a legal body specialized in Family Law, and defines it as the guarantee to provide the necessary resources to meet the basic needs of food, establishes who are the subjects called to comply with this obligation and its beneficiaries. In order to facilitate the establishment of the amount of alimony, Ecuador has implemented through the Ministry of Economic and Social Inclusion, the use of parameters to be considered, which are contained in the Table of Alimony and which respond to the income of the provider, the total number of children and their ages, based on which the corresponding alimony can be established. The problem with this fact is that the parameter of the number of beneficiaries is very conditioned, since the more beneficiaries there are of the same pension, the less effective it is for each one of them, which means that the amount that each beneficiary may have does not cover what is really needed to subsist, much less to achieve a decent life. Consequently, the law opens the possibility of establishing that the alimony, or part of it, is covered by other relatives, called subsidiary obligors. However, the existence of this alternative, the lack of effectiveness of alimony is still present.