The Supreme Court of the Nation (SCJN) decided that reports Higher belonging State workers They can grab For payment alimonyField
The first SCJN camera analyzed the constitutionality of pension savings systems, which provides for the inviolability of the resources of the pension unit, unemployment in progressive age and old age in the face of the best interests of children and its right to receive food.
He found that although the obscenity of resources is intended to satisfy social security, such a ban does not exist at the constitutional level.
Thus, the best interests of the child should prevail to satisfy their needs for food, health, education and healthy rest.
When will the aforemention are removed to pay alimony?
SCJN found that in order to seize the affairs of state workers to pay alimony, judges must:
- Make sure that the lifting debtor is really unemployed; And that, in addition, he lacks other goods with which he can cope with his food obligation;
- First of all, it captures the sub -acuft of voluntary contributions, only by excessive amounts 20 times higher than the minimum wage per year;
- In the event that there is no voluntary contribution or the excess mentioned above, it was seized and exhausted, which goes on to capture retirement, unemployment at an older age, but only from the equivalent of resources that an employee can voluntarily dispose of;
- In any of the two hypotheses, instruct the institute or in its case in the corresponding above, so the amount corresponding to an indispensable pension to ensure the occurrence of the minimum creditor in his vital minimum, even before the debtor reaches a new employment or the amount of resources of which can be voluntarily accessible.
The Congress of the Trade Union approved a reform that sets the maximum amounts that people can get out of the above.
For accounts up to 3 years, the maximum care will be 34 thousand 394 pesos.
For accounts up to five years of opening, the maximum cancellation will be 11.5 percent of the accumulated total amount.
With information from López-Digo Digital and Radio Formula
