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Parents Who Solely Raise Their Children Have The Right To Request Child Support From The Mother, And Non-Payment Does Not Prevent Visits, As The Right To Coexistence Is A Right Of The Children.
Parents who have exclusive custody often believe they cannot demand financial assistance from the mother. This is a common mistake. According to specialists from Marcello Benevides Attorneys, child support is a right of the children and must be paid by both parents proportionally to their income, even when custody is with the father.
The issue raises doubts because there is still a deep-seated prejudice that the obligation falls only on men.
In practice, when the mother has financial conditions and refuses to contribute, the father must resort to the courts to ensure that the children receive the necessary support.
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This is not a personal benefit for the guardian but about ensuring the well-being of the children.
Who Can Request Child Support
According to Marcello Benevides Attorneys, the request for child support is not made in the name of the father, but on behalf of the children. The father, as the legal guardian, merely represents that right.
In other words, there is no legal impediment for a father with exclusive custody to file a lawsuit against the mother. On the contrary, it is a duty in defense of the children’s subsistence and dignity.
Many men avoid filing the request out of fear or shame, but the courts understand that both parents must contribute.
Child support ensures access to basic items such as food, health care, education, and even extracurricular activities, which are often compromised when only one side bears the costs.
How The Amount Of Child Support Is Determined
There is no fixed rule for the amount. In general, the courts analyze two variables: the children’s needs and the financial capacity of the payer.
In cases of formal employment, the common practice is to apply percentages of 20% of net salary for one child and up to 30% when there are two. However, each situation is analyzed individually.
If the mother has a high income, for example, the percentage may be adjusted to avoid amounts disproportionate to the child’s needs.
The goal is to maintain balance, so that both parents participate fairly according to their financial condition.
What Happens If The Mother Does Not Pay
Just like with defaulting fathers, the mother can also be jailed in case of child support non-payment. Civil imprisonment for child support debt is one of the few modalities accepted by Brazilian law, precisely because it involves the survival of minors.
Another important point is that non-payment of child support cannot be used as a justification to prevent visitation.
The right to visitation belongs to the child and cannot be denied due to conflicts between the parents. Financial issues should be addressed in court, including seeking imprisonment if necessary, but without affecting mother-child contact.
The Role Of Coexistence
The mother’s presence in the children’s lives cannot be conditioned to the payment of child support. Even in cases of non-payment, the child retains the right to coexist, unless there is a court decision to the contrary.
If the mother refuses to visit, the father can seek judicial regulation of the coexistence and even approach the court in cases of emotional abandonment, which may lead to compensation for moral damages.
According to specialists from the firm Marcello Benevides Attorneys, each case needs to be analyzed carefully, but the general line is clear: child support and coexistence are distinct rights, both aimed at the integral protection of the child.
The issue shows that the responsibility of raising a child should never fall solely on one parent. Even when custody is exclusive, the mother must contribute financially, and the courts ensure effective mechanisms for this.
On the other hand, the right to visitation remains independent of the payment of child support, reinforcing that the priority is always the best interest of the child.
And you, have you ever encountered a case like this? Do you think it is fair for the mother to also be jailed for not paying child support?
Leave your opinion in the comments; we want to hear real experiences from those living this reality.
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