Post by soyeb19 on Feb 18, 2024 19:45:06 GMT 9.5
The Supreme Court has upheld the appeal filed by a woman against the ruling of the Provincial Court of Madrid, which confirmed a first instance resolution in which it was determined that it was not appropriate to set alimony for a minor dependent on the non-parent. custodian since he is untraceable and his economic situation is unknown . The High Court concludes, however, that this circumstance does not exempt him from fulfilling his duty as a father and establishes an amount that the man owes and that will be collected if at any time his whereabouts are found.
The Court of First Instance number 75 of Madrid upheld the mother's claim regarding granting her exclusive custody of her son, with whom she lives and whom she has been Whatsapp Database in charge of caring for since his birth, but did not consider that should proceed to set alimony for the minor, which the woman set in her claim at 200 euros per month.
The mother appealed the sentence, only on this last point, and the Provincial Court confirmed the previous sentence. He did so reasoning that the man, of Ecuadorian origin and Spanish nationality, β his economic situation is unknown , there is no data after the report to the judicial neutral point of benefits, or property, or banking, or the TGSS, so that it is impossible to carry out a proportionality trial.β Nor "is there any reference to what her father's income was at the time of her cohabitation, limiting herself to stating that she had been the sole breadwinner for the family."
The court begins by dismissing the extraordinary appeal for procedural infringement that the mother's representation had filed, considering that the previous instances had not ruled on the allegations in relation to the granting of maintenance benefits. βThe ruling is not incongruous insofar as it resolves the petition for the establishment of maintenance postulated , thus obtaining the plaintiff a response based on law.β Another question is whether it complies with the law or not, which must be resolved in the appeal, which is upheld.
The Court of First Instance number 75 of Madrid upheld the mother's claim regarding granting her exclusive custody of her son, with whom she lives and whom she has been Whatsapp Database in charge of caring for since his birth, but did not consider that should proceed to set alimony for the minor, which the woman set in her claim at 200 euros per month.
The mother appealed the sentence, only on this last point, and the Provincial Court confirmed the previous sentence. He did so reasoning that the man, of Ecuadorian origin and Spanish nationality, β his economic situation is unknown , there is no data after the report to the judicial neutral point of benefits, or property, or banking, or the TGSS, so that it is impossible to carry out a proportionality trial.β Nor "is there any reference to what her father's income was at the time of her cohabitation, limiting herself to stating that she had been the sole breadwinner for the family."
The court begins by dismissing the extraordinary appeal for procedural infringement that the mother's representation had filed, considering that the previous instances had not ruled on the allegations in relation to the granting of maintenance benefits. βThe ruling is not incongruous insofar as it resolves the petition for the establishment of maintenance postulated , thus obtaining the plaintiff a response based on law.β Another question is whether it complies with the law or not, which must be resolved in the appeal, which is upheld.