Find out: Who is entitled to alimony?
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Alimony is a much talked about topic in the media and among people on the internet, whether it be by a famous person who is not paying alimony to the pensioner, or even those who have divided opinions about where the money goes, how much is owed and who is entitled to receive it.
Alimony was created to ensure the basic needs of a person who cannot provide these rights for himself, for some reason, temporarily or permanently.
The most common form of payment is alimony paid by one of the parents to their children, especially after divorce, but other people also have the right to receive this benefit.
The Brazilian Civil Code guarantees the survival of a human being through the payment and receipt of alimony, and it provides that relatives, spouses, ex-spouses and children, in case of financial dependence or need, can and should receive alimony, as long as they meet the necessary requirements.
Many people think that alimony is limited to food, because of the name, but the amount determined by the judge, which varies according to each case, must cover the person's basic expenses, including health, education, leisure, transportation, clothing, transportation and food.
All pension issues vary depending on each person's situation, and these variable issues are determined by the judge in the case, but payment can be discounted from payroll, via bank transfer or bank deposit, as long as it is predefined between the parties.
Furthermore, the period for which the pension must be paid also varies, some may be temporary and others for life, depending on the financial conditions of the parties, whether it is a case of health, financial dependence or age.
Who is entitled to receive a pension?
Children under 18 years of age have an irrefutable right to alimony, since they cannot support themselves due to their age. Therefore, if the parents divorce or share custody of the child , the one who does not live with the child must assist in their upbringing and well-being through alimony.
Children who are over 18 years old need to meet certain requirements to continue receiving alimony. These requirements include the need for your child to still be studying and unable to support themselves. This alimony can only stop being paid if the judge authorizes it. To do this, you need to file a food review action.
Another case that is entitled to a pension is ex-spouses, who can receive it until they are able to support themselves, but they must follow two rules to have access to this right.
The first is the need, so one of the parties must need this assistance for their survival, the second is the possibility of the other party to pay the pension without compromising their survival.
Just as children have the right to receive a pension, those who have not yet been born also have the right.
So a pregnant woman can receive this aid to pay for her prenatal care, ensure the health and well-being of the baby and carry out all necessary exams. After the birth, it is necessary to file a lawsuit to convert this aid into a pension for the child.
In addition to these cases, elderly people, parents, grandparents and close relatives who need support or are experiencing hardship can go to court to request the receipt of a pension.
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