This morning the Minister of Women and Gender Equity, Antonia Orellana and several deputies entered with great urgency in the Senate the draft Law on Parental Responsibility, which seeks to generate a permanent debt payment mechanism and improve access to financial information of debtors through a process headed by the criteria of justice and dignity.
The initiative establishes that if there is a maintenance debt of three months unpaid, or five months of partial payments, this or its legal representative may request the corresponding court to order the payment of the same, through the funds that the debtor has in his bank accounts or other investment instrument.
In the event that there are no funds in such instruments or these are insufficient for the total payment of the debt, it may be collected in the mandatory individual capitalization account of the debtor, through the information requested from the AFP in which it is affiliated.
“What we are going to do with this project is precisely to establish opportune deadlines, establish the obligation of the court to be the institution that investigates the debtor’s assets and wherever they find and detect assets, execute the payment for the feeder’s account. With that we seek to protect, according to international recommendations, the right to alimony, the right to care and above all, improve the experience in courts, “said Minister Orellana.
Once the payment of the debt has been requested, the court will initiate an investigation into the debtor’s assets: it will review through the interconnection systems it maintains with the Commission for the Financial Market (CMF), internal revenue service (SII) and other State services that it deems appropriate, the bank accounts and / or investment instruments that the debtor maintains in banking and financial institutions.
In addition, through the Court’s Computer System, it will be reviewed if there are other children or adolescents who have not received their pension from the same debtor. If so, the request for payment will be known jointly and in a single process by the court that has the oldest current case, which will order the payment of the amount of each maintenance debt.