After separation or divorce, a regime of coexistence and visits for minor children not emancipated from the marriage with their parents must be established, this is what is known as guardian and custody of minors. They exist in our legal system two types guard and custody, shared between both parents, and the parental monkey through which minors live stably with one of the parents, and a visitation schedule is established with respect to the other parent.
In relation to custody and depending on the type established, the financial obligations will vary in general, that is, the alimony that must be paid to cover the expenses of the children.
So if you establish a shared custody and custody regime, the children will enjoy equal periods in the company of each parent (for example, one week with one of them and the next with the other), in these cases, In general, there is no alimony that must be paid by a parent, because the minors' expenses will be covered by the parent with whom they are at that time.
In contrast, in a single-parent custody regime, where the minors continue to reside with a single parent in the family home, in general a child support payment must be established that must be paid by the non-custodial parent, that is, with the one with whom the minors do not live. To set the amount of the pension, several factors must be taken into account: age of the children, payroll or income of the parent who must pay them, expenses of the parent, standard of living of the minors (for example, if they go to a public school or private….).
It must be taken into account that alimony is not only intended to provide food to minors but also clothing, housing, transportation, medical assistance... However, extraordinary expenses, that is, those not foreseen whose birth is of an exceptional nature (dental treatment, extracurricular trips...) Non-payment of alimony is considered as a crime that is punishable in our Penal Code.
When establishing the visitation regime for minors, an agreement can be reached between both parents and established by mutual agreement through a regulatory agreement that must be presented to the court, or in the event that there are disagreements, a request must be made. to the Judge so that he can decide what is the most appropriate regime and alimony and everything in order to always protect the best interests of the minors.
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