A retiree pays alimony
Are you a single, separated or divorced mother? Do you know all the benefits available to you and how to apply for them? In this article, we explain the financial aid you can apply for and the requirements you must meet.
Regarding the time of contribution necessary to receive the benefit, the requirement is to have contributed 15 days of each month to the Social Security, full time, or half of the day part time. In the case of agricultural workers, it is necessary to have contributed at least 10 days per month.
The deduction can be applied in the income tax return, although it can also be requested in advance, by calling 901 200 345, in person at the Tax Agency offices or by presenting the form Model 140 of the Tax Agency duly completed.
This is a benefit to compensate the loss of income of the working mother due to the termination of work activity in the case of biological maternity, adoption, foster care and guardianship. You are entitled to receive the benefit during the period of maternity leave, whether you are self-employed or employed, and the amount to be received will be 100% of the regulatory base established for the benefit for temporary disability due to common contingencies.
Grounds for loss of alimony
If you live or work abroad, your social security coverage may be provided by your home or host country. In either case, you will have to make arrangements to ensure that you remain covered when you move to the other country.
If you are an employee or self-employed professional, you can work temporarily in another EU country as a posted worker, but still be covered by the social security system of your home country.
To access health services in the country where you will be working, you must have a European Health Insurance Card (EHIC). Apply for it from your health insurance organization or the social security system in your country of origin.
If you are self-employed, you must inform the social security agency of your destination country in advance and apply for a PD A1 form from the social security agency in your home country. In order to be granted a PD A1 form, you must demonstrate that the activities you want to perform abroad are similar to those you performed in your home country. To meet this requirement, you must:
Jail for parents who do not provide alimony
EU rules on maintenance obligations vary from country to country and the amount of maintenance is not the same everywhere. However, if you have to pay or receive maintenance in another EU country, EU rules apply.
The central administration responsible for maintenance payments in the EU country where you live can help you to file a maintenance claim in another country: find the competent central administration.
Check the national information on enforcement measures, the simplified European procedure for enforcing maintenance decisions and which administration handles them in the country you are interested in.
Can an alimony agreement be annulled?
Until today, the mechanisms established in Law 14.908 (on Family Abandonment and Alimony Payments) remain untouched and are insufficient and inefficient to enforce the payment of alimony. This column seeks to contribute to the solution of this problem by examining two important dimensions not yet included in the enforcement system: gender and the role of the State.
These threats only ratify that alimony is “an opportunity for patriarchal control, as mechanisms are established to supervise the use of money, however minimal it may be; to threaten to cut or suspend support; or to demand personal care of the children” (Zabala, 2018 cited by Ramírez, 2019, p.203).
One possible path, is to insist on non-adversarial methods of conflict resolution, this because “research has shown that if people perceive a process to be fair, they will be more likely to comply with the outcome of that process” (Swaner, Ramdath, Martinez, Hahn & Walker, 2018).