first thing you have to do the father or mother who is in charge of a food is proponorse and decided to defend their children to have that fundamental right and can not be denied.
To start the process of food requires to have the birth certificate of the child or adolescent, their record of studies if you are studying, tickets or receipts that relate to the costs generated by the survival of the food copy of your National ID card and know the real address where you be notified the defendant or in his absence the direction of his work post. Once
written demand, it is presented to the table of parts of the peace courts corresponding
Judge to receive the application, must admit it and notify the defendant to within a period of five days to comply with answer continue tube failing which the trial in absentia, after five days without the defendant has answered the judge has the obligation to resolve the permit application met by the warning is given to answer the complaint in default and cite evidence to the hearing deconciliacion and sentence, the judge must issue a ruling.
If the defendant responded to the demand in the period referred the judge should bear in mind that the reply to be allowed to be attached to this the statement of income of the defendant without which there shall be a defense of the defendant giving it a period of three days to remedy such error, and once made or the deadline declaring default of appearance and points the hearing date for conciliation sanitation, evidence and sentencing, which began hearing the defendant can promote blemishes exceptions, or defenses prior, which will be acquitted by the applicant in the act of hearing, then the evidence is acting.
completed its proceedings if the court finds unreasonable exceptions or defenses prior declarara saneado el proceso y seguidamente invocara a las partes a resolver la situacion del nino o adolescente conciliadoramente. Si hay conciliacion y esta no lesiona los intereses del nino o del adolescente se dejara constancia en el acta. Esta tendra el mismo efecto de sentencia.
Si durante la audiencia unica el demandado aceptara la paternidad, el juez tendra por reconocido al hijo y enviara a la municipalidad que corresponda copia certificada de la pieza judicial respectiva, ordenando la inscripcion del reconocimiento en la partida correspondiente, sin perjuicio de la continuacion del proceso .
Si el demandado no concurre a la audiencia unica a pesar de haber sido debidamente emplazado el juez debe sentenciar en el mismo acto atendiendo a las evidence taken.
Another interesting point is that Law 28439 if required after being notified to the execution of the final decision does not comply with the payment of alimony, the judge at the request of either party and subject to summons to the defendant under penalty Express, shall transmit a certified copy of the settlement of accrued pensions and the respective resolutions to the provincial prosecutor on duty to proceed in accordance with its terms.
This modification allows the judgments of food, replace processed for bringing criminal charges for the crime of omission to Family Assistance. Now not only is it necessary to ask the judge who had sentenced knowledge and trial food that complies with the order of law is automatically transmit a certified copy of the liquidation of pensions to the Prosecutor on duty who makes the complaint to the Judge for Criminal Matters.
If you have more questions write to delvalle_estudio_juridico@yahoo.com , or would like advice from a lawyer to handle this process, book an appointment call and an attorney will put at your service.
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