Child support is one of the topics most frequently analyzed by the Federal Judiciary through binding precedents. It is also linked to a family-law principle known as the "best interests of the child."
Despite this, there is still widespread confusion about what support payments are, what they include, how to request or increase them, how long they last, and other considerations.
WHAT MATTERS IN A FAMILY IS NOT LIVING TOGETHER, IT IS STAYING UNITED
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For that reason, we summarize several criteria issued by the Supreme Court of Justice of the Nation:
What is child support?
It is the amount the support obligor must pay the support beneficiary for maintenance. The amount is set by agreement or court judgment.
What does it include?
It covers food, clothing, housing, medical care, education expenses for minors, and costs to provide them with a trade, craft, or profession.
How is it increased?
There is a minimum automatic increase equal to the annual percentage change in the National Consumer Price Index published by the Bank of Mexico.
Must ordinary and extraordinary income be included when setting support?
First, integrated salary must be included—not only daily cash wages but also bonuses, benefits, housing, premiums, and commissions.
For calculating support, ordinary and extraordinary salary income paid for work and that goes directly into the obligor’s assets should be considered (for example, overtime, year-end bonus, vacation premium, gasoline, among others). Per diems and representation expenses should not be included, because they are not paid to the worker as compensation for labor.
What happens when the obligor’s income is unknown?
The judge will gather, on its own motion, the evidence needed to establish the economic capacity and standard of living of the obligor and beneficiaries during the previous two years.
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