In fulfilling our roles as family lawyers in Panama we observed daily that the processes of child support in Panama, despite having a simple spirit and regulations as well as being of social interest, in the practice,they are quite complex, especially with regard to the amount of child support to be fixed.
As we have written on previous occasions, in our legislation the word “food” is not restricted to the edible material but this extends to other areas such as clothing, housing, medical and dental care, recreation, education and any analog input that tends to cover the most pressing and immediate needs of the beneficiaries. Note that we use the term beneficiaries on this occasion and not boys or girls only, given that according to Law 42 of 2012, the responsibility of giving food is not only for children, but can be extended to spouses, grandparents brothers and of course children even when they are older.
This being the situation, the topic at this time is related to the amount of food; we chose this subject with the primary intention to clarify and make publicly known that in Panama there is NO “chart” or mathematical formula (as it is in other places) that defines the amount of the child support; but our legislation tells the judge has observed certain elements such as economic status, level of life, income and expenses as well as the resources of who is to meet them and moreover the needs of beneficiaries, while respecting the principle proportionality between revenue and responsibilities required and the needs of those entitled to receive them.
Now, what was stated in the aforementioned paragraph inferred that the economic capacity of the obligor is one of the determinants factors at the moment of setting the child support in Panama, which will correspond in the Process to prove it through evidence that would constitute one proof of that capacity, which may be substantiated by either party, being even when the Family court is qualify to do it ex-officio. That is to say, an accurate way to establish financial capacity of the obligor, it is necessary to know his income, salary, commissions, bonuses, etc.; then the question arises What if it is not possible to accredit the amount of revenue? The answer is logical and follows from Law 42, will be considered the standard of living, social status, customs and generally all the circumstances and background on the matter surrounding it.
Having found or established the economic potential of the obligor, it is necessary then that the real needs of theoblige are established.
I emphasize real needs, once that to guarantee the optimal physical, mental or spiritual development of a minor (if this is the case) it could require infinite financial resources; so by means of suitable provemeans it is possible to clarify this issue taking into account the domestic circumstances, that is to saythe food must be designed to meet the subsistence needs of food, as they can be: education, health care, medicine, food, clothing, housing, etc., keeping track of the child support must have as the goal of solidarity and relief among the involved subjects and to not encourage laziness.
Having explainedbriefly the basics to set the child support quota, we cannot fail to mention that in family law in Panama, governs the “Proportionality among various persons” that is to say, where two or more persons that have the responsibility to give alimony shall be allocated among them the payment of the alimony in proportion to their respective assets.
Faced with the above and in a practical way we can cite the typical case of divorced parents with two children in common; in this case, both father and mother, should provide food for those two children, regardless of who has custody, but that contribution should be proportional to flow or economic resources of these two parents.
We are of the opinion that in these cases it is always better to reach an agreement, especially since in most cases the parties usually know both revenue of one another’s needs and would therefore be reasonable to reach to an agreement; if there is noagreement, it will be necessary that the judge intervene and decide the amount of the Child Support t and payment formula taking into account the criteria and elements that we discussed and as a human beings that is at the end may take a decision that appeals to one of the parties.
Finally, remember that in the event that economiccircumstances of either party or both, and the needs of recipients later require other distribution, Panamanian law allows proportionately reduce or increase the foods in its opportunity.
http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_NORMAS/2010/2012/2012_596_1835.PDF
By: Jorge Leon Barahona
Family Lawyer