Indetermination of incidences in the decrease of alimony pensions

Abstract

Introduction: The present investigation is oriented to the study of the incidents in the reduction of alimony that currently constitutes a problem that the law cannot solve in the absence of a regulation that regulates it, with the Reform Law to the Organic Code of Children and Adolescents. The articles that contemplated these incidences of increase or reduction were repealed, causing the lack of clear rules to generate violations of both the right to food and the non-observance of the best interests of children and adolescents. Materials and methods: The methodological design under which the inquiry process was developed was qualitative, supported by methods of exegetical analysis of the norms, as well as the inductive method that through the assessment of particular cases and the application of instruments such as the interview guide applied to judges and legal professionals, allowed insights into the impact that this absence of regulations generates in the exercise and enjoyment of the right of this priority attention group. Results: The findings, both doctrinal and primary sources, allowed conclusions that reveal the impact of the absence of regulations in this type of procedures for increasing or decreasing alimony, thus determining that a reform is imminent that specifies the rules that motivate such aspects. Discussion: The constitutional provisions that grant the status of subject of rights to children and adolescents from the perspective of the best interest and guaranteeing effective judicial protection of rights as well as legal security that the state must guarantee through the whole of binding rules. Conclusions: The rights of children and adolescents must preponderate their integral development, therefore, justice administrators require a normative support that allows the direct and effective application of rights.