The Fourteenth in Ecuador and Alimony: Comprehensive Vision in the Violation of the Rights of the Alimony

Abstract

The right to receive nourishment is a fundamental right for children and adolescents for their stage of growth and development, in addition to the fact that many others are guaranteed through this right, such as housing, health, education, food, therefore, their parents have the obligation to meet these needs through the payment of alimony. However, on two annual occasions a double payment of said value is made, the same that is part of the thirteenth salary and fourteenth salary. Although every worker has the right to receive the fourteenth salary, this is often not enough to meet the value set as alimony; given that the value received is the corresponding to the annual unified basic salary (SBU), therefore a violation of rights is generated for those obligors who, having an informal job, do not receive said benefits, as well as for whom the alimony is much higher than the SBU or respond to other family responsibilities, in such a way that calculation methods that do not affect the rights of proportionality and equality of the obligors should be sought.