The Superior Court of Justice (STJ) of Entre Ríos announced on Thursday, June 6, a ruling that highlights the care tasks, the mental burden, and the maintenance responsibility of the grandparents in the calculation of the Child Support Quota for three minors.
In the legal agreement to which he agreed ONE, it is described: “The Civil and Commercial Chamber of the STJ made up of the member Gisela Schumacher and the members Carlos Tepsich and Leonardo Portela, granted an appeal that sought to increase the alimony fee that a mother claimed from the father of her three minor daughters. of age and his parents. The value of the parenting basket was highlighted (See photo), it includes the monthly cost to acquire goods and services for the development of girls, boys and adolescents, and gives economic value to care tasks considering the time required to do so. ”
STJ Resolution
After analyzing the case, the lawyers decided to increase the final alimony quota in favor of the three girls to the sum equivalent to three and a half minimum living wages. In addition, it was established that the grandparents had to assume the payment in case the father did not do so.
In the foundations of the resolution, they highlighted the fundamental role of the girls’ mother because they live with her and she is the one in charge of their upbringing. The father lives in another city.
Along these lines, Schumacher maintained: “The significant progress that comes with having a parameter such as the breeding basket cannot be blurred by interpretations that use it to subtract rights. The breeding basket is the floor to take into account in the quantification of the food quota, and it is from where the assessment of the particularities of each case must begin.
To deepen the issue, the member asked: “Who assists and supervises minors in their attendance at school, in learning languages, in skating, in hockey, at the doctor, in their social relationships? Who, in addition, is in charge of all the related tasks that these activities imply (schoolwork and activities, study trips, sports elements, conditioning of equipment and uniforms, to give just a few examples)? Then, she stated: “It is the mother who, in order to direct the life of her daughters and maintain their proven standard of living, must relegate her own temporal, work and intellectual availability. Furthermore, there is no longer any room for the mental burden of caring for children and adolescents, as well as managing household chores, to go unnoticed.”
Meanwhile, member Carlos Tepsich, delving into the claim made by the children’s grandparents, maintained that “it is the parents who must first seek to satisfy the children’s needs. In general, it will not be appropriate to charge the grandparents with a fee equivalent to the father, but whenever the circumstances of the case make it advisable, the parent’s share is transferred through a successive cancellation mechanism. Likewise, he stressed that “each case must be analyzed prudently, given that without a doubt not all grandparents are in a position to comply with the maintenance obligation with respect to their grandchildren.”
Indec as a base
In the latest report from the National Institute of Statistics and Censuses (Indec), used by STJ lawyers, it is detailed: “To value the hours of care, the remuneration of the Special Employment Contract Regime for Personnel in Private Homes is used, with retirement, corresponding to the category Assistance and care of people. The monetary value per hour of care is calculated according to the estimated costs of the age groups that involve a burden of 24 or more hours per week (up to and including 5 years), the amount established for the monthly modality is taken.
