Child support laws

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sublimeperu
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Child support laws

Postby sublimeperu » Sun Jan 24, 2016 10:20 am

Hi there, my partner and I are having a bit of a nightmare situation with the mother of his daughter who expects him to pay for practically everything child related and even has admitted to not working right now despite us paying extra to her mother who agrees to take care of the child while she works. Currently my partner is paying 600 a month and then 150 soles to the grandmother. He paíd 400 soles towards his daughter s birthday, 400 for christmas and apparently this isn't enough??? She and the daughter are living in the house that he bought too, which will remain the same. The problem is the amount of drama she causes about money, which is very stressful. Is it totally unreasonable to expect her to work a few hours to pay toward some stuff? When she and my currently partner were together she didn't pay anything but after finishing the relationship with him expects for that to continúe. We're hearing about a new law that may come into play where my partner will need to pay 50% of his salary but we havent heard any follow up details. Does anybody know about this and how it will affect him and his ex? We are worried that she is going to completely take advantage of this. Another issue we have at present is the fact that we live quite a way away which we are looking to change for the sake of his daughter but the last visit was cut short as less than 24 hours of being there the ex whisked the daughter off to lima, we spent alot of money and time on travel for that and of course it was distressing for my partner who desperately wanted to see his daughter after so much time. It's not a secret that she would like to be back with my partner and may well have done some of this out of jealousy but we can't continúe to live in this way with her. How much does the legal system favor fathers in these situations? Any advice on the above really appreciated


sublimeperu
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Re: Child support laws

Postby sublimeperu » Sun Jan 24, 2016 10:24 am

The daughter is 6 years old if that información makes any diference.
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caliguy
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Re: Child support laws

Postby caliguy » Sun Jan 24, 2016 12:56 pm

i can see you got yourself into a bad situation. you say it's your partner? if he's not your husband, why not get out of the relationship. stressing over money and drama is terrible.
every place has it's own spirit. you just need to tune into it.
randomperson
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Re: Child support laws

Postby randomperson » Tue Jan 26, 2016 8:29 pm

Too little information provided to give you the answer you would like.

Know that according to Peruvian law, up to 60% of your partner's income could be garnished to pay child support. There are exemptions and reductions but again, not enough information in your post.

Your partner is lollygagging by not defining his legal (and monetary) obligations, which is an indication of irresponsibility. The child was born 6 years ago so I took the liberty of saying he is blowing things off.

If he is a Peruvian national, with a Peruvian child from a prior relationship, why are you the foreigner posting here when all along he should have been minding the store. I think your relationship is doomed and that it's going to suck for you.
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Re: Child support laws

Postby El Jefe » Tue Jan 26, 2016 11:39 pm

sublimeperu wrote:Hi there, my partner and I are having a bit of a nightmare situation with the mother of his daughter who expects him to pay for practically everything child related and even has admitted to not working right now despite us paying extra to her mother who agrees to take care of the child while she works. Currently my partner is paying 600 a month and then 150 soles to the grandmother. He paíd 400 soles towards his daughter s birthday, 400 for christmas and apparently this isn't enough??? She and the daughter are living in the house that he bought too, which will remain the same. The problem is the amount of drama she causes about money, which is very stressful. Is it totally unreasonable to expect her to work a few hours to pay toward some stuff? When she and my currently partner were together she didn't pay anything but after finishing the relationship with him expects for that to continúe. We're hearing about a new law that may come into play where my partner will need to pay 50% of his salary but we havent heard any follow up details. Does anybody know about this and how it will affect him and his ex? We are worried that she is going to completely take advantage of this. Another issue we have at present is the fact that we live quite a way away which we are looking to change for the sake of his daughter but the last visit was cut short as less than 24 hours of being there the ex whisked the daughter off to lima, we spent alot of money and time on travel for that and of course it was distressing for my partner who desperately wanted to see his daughter after so much time. It's not a secret that she would like to be back with my partner and may well have done some of this out of jealousy but we can't continúe to live in this way with her. How much does the legal system favor fathers in these situations? Any advice on the above really appreciated


You should be seeking legal counsel instead of fishing for advice in a forum.
sublimeperu
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Re: Child support laws

Postby sublimeperu » Wed Feb 24, 2016 8:46 am

Yes I agree we should be seeking legal advice. He most certainly isn't avoiding his responsibilities. As well as paying 750 soles per month he also pays for her private schooling, birthday christmas, clothes, EVERYTHING. At present his ex pays nothing. He owns the house that she and the daughter live in. So yes, the person avoiding finanical responsiblity is the mother of the daughter, most definitely not him. Is it right that he pay 60% of his income and she pays nothing? She will clearly end up just living on that as well. Seriously, crazy if that's the case and completely unfair. We are married and struggling with money as it is. People seem to keep advising me to walk away. Is that seriously the only answer there is to this situation? Surely there has to be some way of justly dealing with this situation
sublimeperu
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Re: Child support laws

Postby sublimeperu » Wed Feb 24, 2016 8:49 am

WHat I'm really looking for here is facts. He earns about 2600 soles per month. Can they really take 60% of that away?
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adrian Thorne
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Re: Child support laws

Postby adrian Thorne » Wed Feb 24, 2016 10:07 am

sublimeperu wrote:Yes I agree we should be seeking legal advice. He most certainly isn't avoiding his responsibilities. As well as paying 750 soles per month he also pays for her private schooling, birthday christmas, clothes, EVERYTHING. At present his ex pays nothing. He owns the house that she and the daughter live in. So yes, the person avoiding finanical responsiblity is the mother of the daughter, most definitely not him. Is it right that he pay 60% of his income and she pays nothing? She will clearly end up just living on that as well. Seriously, crazy if that's the case and completely unfair. We are married and struggling with money as it is. People seem to keep advising me to walk away. Is that seriously the only answer there is to this situation? Surely there has to be some way of justly dealing with this situation


Firstly the amount he pays is average for the absent parent. Do not forget his ex-wife is the main carer and could claim she is unable to work because of this. In addition he will become a single man with no other responsibilities. According to your previous posts you are divorcing following a very short and stormy relationship. When a man becomes "physical" towards you the best advice is to distance yourself and concentrated on the most important issues.
randomperson
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Re: Child support laws

Postby randomperson » Wed Feb 24, 2016 11:41 pm

With the child being 6 years old, for sure he failed to legally define his financial obligation, whether through "conciliacion" which is binding, or through a court order. This prevents the child's mother from gouging him and forces her to work with a court ordered monthly amount, so yes, he wasn't minding the store. Now that he's in a new relationship with you, his irresponsibility prevents him from budgeting in his new relationship because building a life with you, financially, isn't a priority for him.

Child support in Peru has modernized to the extent that an able-bodied mother of a school age child can't claim she shouldn't work. Judges will order her to work. However, your man can still be ordered to pay 60% of his income in child support. Child support is fluid and can be modified based on change of circumstance.
sublimeperu
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Re: Child support laws

Postby sublimeperu » Fri Feb 26, 2016 5:10 pm

I'd like to point out that they haven't been seperated for 6 years, they were together for the majority of that time so what was defined for all that time was that he was the provider for the household financially in every sense. He has been a present father in that time and hasn't just been ´lollygagging´as you say. Yes conversations have certainly taken place about needing to get things organized in terms legally. I thought these forums were here for ´getting the feelers out´and gauging answers to questions, just because I'm asking this question on a forum does not mean the intention is not there to go and speak to a lawyer directly about it. It's just my getting an idea of what to expect until we're in a position to do that. I appreciate certain levels of feedback to I do sometimes find that responses can certainly can come across as a little aggressive or even judgemental when all you're getting is a small window of information.
sublimeperu
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Re: Child support laws

Postby sublimeperu » Fri Feb 26, 2016 5:11 pm

It would just be nice if answers could be given to questions asked rather additional comments.
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Re: Child support laws

Postby sublimeperu » Fri Feb 26, 2016 5:25 pm

Adrian, I appreciate what I have wrriten in previous posts hasn't shed brilliant light on the situation. I'd like to clarify that I wasn't hit, punched, kicked etc but we'd been having a serious amount of arguments which were getting out of hand, as we were both under alot of heavy pressure and both of us were acting out in unusual ways, of which neither of us has done so previously. Very unhealthy I know, but it is being addressed with professional help and some readjustment of circumstances. I'm sure there'll be some feedback about how we shouldn't be together. I would say the same to anyone else stating what I stated in these forums. However, things are being addressed and certainly if there were to be any repetition of those issues a seperation would of course be the best way forward.
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Re: Child support laws

Postby sublimeperu » Tue Mar 01, 2016 5:07 pm

Wow, well I'm quite shocked to have found out where the law stands in terms of my partner and how much he may have to pay. As a single man he would have to pay 60% of his wages to provide for the daughter and I believe even the mother if she can somehow prove that she can't work. That would leave a man who works 6 days a week, 13 hours a day with only 800 soles to live on. How on earth can that be fair? I have tried and failed to live on 800 soles, and even 1000 soles would be a real struggle. Even further than that, my partner works away alot, how would he be able to afford travel to see his daughter? Or do anything with her? I know there are real dead beat non custodial parents but why are the ones who wish to be responsible and actve in their child's lives live in poverty? The mother of his daughter is more than capable of working a few hours a day. The situation is improved only mildy by the fact he has a partner but at this stage we don't know how much.The amount should be calculated on the needs of the child. No child needs to live on 1400 soles a month!

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