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The motion -that will benefit 72 thousand children and adolescents affected by maintenance debts – will facilitate payment by subrogation, by the sole ministry of law.
The avoid going to court and therefore saturate and slow down the system, in addition to ensuring payment, are some of the problems that the bill that facilitates the payment by subrogation of maintenance debts from the withholdings of pension withdrawals seeks to correct.
After approval, it will be the turn of the Chamber of Deputies and Deputies, who must study the motion presented by Senators Ximena Rincón, Isabel Allende, Carmen Gloria Aravena, Adriana Muñoz and Marcela Sabat.
The legal text seeks to provide for the legal subrogation of the food creditor in the rights of the debtor member who did not voluntarily request the withdrawal of pension funds that the Constitution and the laws allow, even for the entire debt. Furthermore, considering that, according to the figures provided, 84% of food pensions are unpaid.
Debate
During the debate Doubts were expressed regarding payment when there is a plurality of obligors, because the bill proposes that it be divided into equal amounts, while some legislators indicated that the payment should be pro rata, which was finally ruled out by 11 in favor and 18 against.
The Senator Ximena Rincon gave an account of the project and stressed that it seeks to facilitate the payment of food debts, taking as a background what happened with the first withdrawal, “which evidenced the high number of unpaid food pensions and thousands of people went to the family courts with agglomerations that still continue. With this project, progress is made in legal and non-judicial surrogacy, seeking to protect the human right to feed children ”.
Then the Senator Ena Von Baer recognized that “maintenance debts are a very complex dramatic situation, not only for women, but also for children. However, we still have a concern, because many times the debts are with respect to more than one child and these are not in the care of a single woman and therefore the debt may be different. The project proposes that the payment be made dividing it by the number of children to whom it corresponds (…) it seems to us that this may be unfair ”.
Along the same lines, Senator Luz Ebensperger He specified that “when there is a plurality of food, in subrogation, this is shared equally and we believe that it is unfair, because food can have different debts and, therefore, the general rule of law is paid pro rata.”
The Senator Marcela Sabat He insisted that “we have a duty with this tool to protect all children and adolescents and not leave anyone out. If we make a pro rata division it makes the process more cumbersome, losing the objective of the project, which is to speed up the payment process ”.
“The amount of food debt in our country is really shameful,” lamented the Senator Isabel Allende, who specified that this “not only affects women, who humiliate them trying to get those resources, but also for children and adolescents, which is our duty to protect. The figures are devastating, only 16% pay alimony”.
Also, the Senator Carmen Gloria Aravena He recalled that the purpose of the project “is precisely to facilitate the process, given the urgency it has, in October there were 300 thousand applications! I understand the concept of pro rata and it is of all justice, but I would attack the objective of the project, which is to speed up ”.
Senators Ximena Rincón and Ena Von Baer and Senator Francisco Chahuán founded their vote on the occasion.
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