May 17, 2022 5:25 pm

Paulo Londra and his ex, in conflict: What does the food quota include?

These days a conflict broke out between the singer Paulo London and his ex-girlfriend Rocío Moreno, with whom he has a daughter and who is pregnant with him. According to the woman, the rapper does not pass him food or take care of his daughter.

The topic went viral on social networks because Londra had not published new material since 2020, due to a legal problem. Now, he gives some clue that he sang again after winning a trial against his former producers Big Leagues: he uploaded a video in which his daughter Isabella is seen and background music plays. “With your hand, with my hand. Today, this rain hurts me. Am I not with you? The water falling on the window makes no more sense”, Londra is heard saying in the fragment of what would be a new theme.

But, just as there were fans who celebrated the appearance of the singer, the criticism came from his ex-girlfriend and feminist activists, who echo the breaches of the rapper precisely in relation to the daughter that he presents in the video: Isabella, born in July 2020, to whom he dedicates the theme. His ex-girlfriend also expressed her displeasure at her daughter’s exposure.

The writer and activist Florence Freijo was one of the referents who questioned: “Wash the face of a little father present with photos and posts, which we already know is the only thing that this macho society demands of men as a reference that they are good fathers. A cute little picture and the ex is the resentful bad milk ”. And he adds that it would be important to reach an agreement to “make life easier for Rocío who is about to give birth. I think that in these things we must unite to tell men that it will not be free for them to be patrimonially and symbolically violent.”

The theme that returns is: What is the food quota? What includes? When can it be claimed? What happens when there are breaches?

OHLA! consulted attorney Mariana Venesio, partner at Itzcovich, Ciampoli, Venesio & Asociados, to answer some fundamental questions on this topic.

How is the obligation to provide food governed?

-The obligation that parents have with their children is to provide them with everything necessary to satisfy the needs of the children related to their maintenance, education, recreation, clothing, housing, assistance, expenses for illness and the expenses necessary to acquire a profession or occupation.

The food is always proportional to the economic possibilities of the forced and the needs of the fed.

This maintenance obligation falls within the set of rights and obligations that comprise “parental responsibility”; what used to be called “Patria Potestad”. It is the set of duties and rights that correspond to the parents over the person and assets of the minor child for their protection, development and integral formation.

The exercise of parental responsibility corresponds to both parents, even in the event of termination of cohabitation, divorce or annulment of marriage. This responsibility includes much more than food, although this is generally the most critical point and the one on which the most disagreements exist.

-What responsibility does a father have when his ex-wife has custody?

-Nothing changes that the parents live together or are separated in terms of personal care obligations of the children in terms of food.

What used to be known as “custody” is now called “personal care of the children.”

Both parents can exercise care even when they do not live together, in what is called “shared care”; option that is the one that is always recommended and the one that is tried to be supported except in exceptional cases.

However, even when personal care is in the hands of one of the parents, both have the obligation and the right to raise their children, feed them and educate them.

-What is the food quota?

-The food quota is the obligation (generally monthly) that is determined based on a number of factors, such as the contribution of the parents for the support of the children, to fulfill what we described above as “obligation to provide food”.

It can be fulfilled with payments in cash or also in kind, for example, paying for school, club, social work, etc.

– How much is? How do you get to that amount?

-Parents have to agree to set the value of the children’s food quota and, if they can’t, a judge is asked to determine it.

It is important to bear in mind that the fee is not the same in all cases, it is not a fixed amount, but is established taking into account the needs of the children and the economic possibilities of the parents.

It is also important to keep in mind that the daily tasks carried out by the father who takes care of the children have an economic value and are a contribution to be taken into account when fixing food.

On the other hand, when one of the parents has a higher standard of living than the other, the parent with more economic resources has to pay a fee so that the child maintains the same standard of living in both homes, always trying to ensure The child’s superior interest.

Although there is no mathematical formula to determine the value of the quota, it is generally established between 20% and 30% of the total income of the parent, including the bonus, bonuses, etc. in this calculation.

It should also be taken into account that after the fee has been set, it can be requested to increase, reduce or update it, depending on the case.

This is an obligation of the parents that subsists until the age of 21 of their child or until the age of 25 if they study or are trained in an art or trade and cannot support themselves by their own means.

-What happens when the responsibility of the father with his son is breached?

-When a person fails to pay the child support fee or the parents cannot agree on the amount or modality of the same, it is necessary to make a judicial claim.

In both cases, the judge will evaluate the arguments of both parties and may determine, if necessary, the seizure of the assets of the defaulting obligor; which could include a withholding tax for example.

You can also manage your incorporation in the Delinquent Payers Registry that some provinces have (not all).

Another option is to sue the direct relatives of the father who does not comply with maintenance: grandparents, uncles or direct relatives can be sued to face the unpaid fee by the plaintiff’s parent.

Finally, you can request that you be denied access to game rooms, sports shows, among other measures that enforce the responsibility stipulated by law.

-How is the case with a baby on the way? What responsibility does the father have when he does not live with and is separated from the ex-wife?

-In the case of the pregnant woman, she also has the right to claim food from the parent.

-Does this apply to married parents or when they are de facto unions as well?

-The obligation to provide food is a right that children have with respect to their parents and an obligation for the latter. This is totally and absolutely independent of the link that exists or has existed between the parents.

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