Learn about the details of the draft bill on Parental Responsibility and Effective Payment of Alimony
After extensive pre-legislative work with social organizations and members of Congress from different parties, the Government has submitted the draft bill on Parental Responsibility and Effective Payment of Alimony to Congress. Among its main provisions, the bill seeks to create a permanent debt payment mechanism and improve access to debtors’ financial information. It also strives for this process to be carried out following criteria of justice and dignity.
During the afternoon of Monday, May 2, Women and Gender Equity Minister Antonia Orellana and Minister Secretary General of the Presidency Giorgio Jackson urgently submitted the draft bill on Parental Responsibility and Effective Payment of Alimony to the Senate. The bill seeks to create a permanent debt payment mechanism and improve access to debtors’ financial information. It also strives for this process to be carried out following criteria of justice and dignity.
“The numbers show us the significant parental abandonment that our children and teenagers experience today. Today (yesterday), we submitted this draft bill that we’ve been working on with members of Congress and social organizations, to offer an effective solution for thousands of families who are owed alimony payments,” Minister Orellana stated.
What does this draft bill establish?
The bill establishes that if there is an alimony debt of three months unpaid or five months partially paid that is ready to be collected in favor of a child, the law will support you in the following manner:
You may request the court that issued the resolution where the debt is recorded to order payment through funds that the debtor has in their bank account or other investment funds.
If there are no funds, or that they are insufficient to pay the total debt, payment may be charged to the debtor’s mandatory individual capitalization account, through information requested from the pension fund to which the debtor is affiliated.
Mechanism
Once payment of the debt has been requested, the court will begin an investigation into the debtor’s assets. They will investigate via the interconnecting systems that it maintains with the Superintendency of Banks and Financial Institutions (CMF), the Internal Revenue Service (SII) and other state services that is deems relevant, as well as bank accounts and/or investment funds that the debtor maintains with banking and financial institutions.
Furthermore, the court will check if there are other children and/or teenagers with whom the debtor has alimony debt, via the Court Information System. If so, request for payment will be carried out in a single joint process by the court with the oldest current case, which will order payment of each alimony debt.
Source: Women and Gender Equity Ministry