1. How do I know if the parent who lives with my children uses the money on them and not for their personal expenses?
A lawsuit is filed with a monitoring of child support, where the custodial parent must bear each and every one of the expenses that he or she has made for the child or adolescent, from judgement delivery to the moment of taking a legal action. If this action is filed, this guarantees that the child support is being well administered, otherwise the judge in the hearing can reform the way of providing food, that is, instead of delivering cash, it will be paid in kind.
2. There is a sentence, but my children are neglected, malnourished, poorly dressed or simply say they do not want to live with my ex anymore, what can I do?
Regarding Family issues, there is no res judicata, that is, everything can simply be reformed regarding care and upbringing, child support (amount, form of payment), extraordinary expenses and in this case, always whether it is father or mother who does not live with their children must provide periodic meals to the custodial father or mother, without exception.
3. What can we do with a parent who has not complied with the amount ordered in the judgment for the support of their children?
We call this child support enforcement, where the amount ordered by the judge is taken for periodic child support or other expenses, and a settlement table is made from the date of judgment to the present, in order to execute the total amount owed, plus a percentage of delinquency.
The father / mother of my children does not grant the exit permit to travel with the other father / mother outside the country on vacation, what can I do?
This question is quite common and it is not necessary for the other parent to give the exit permit for the children to leave the country on vacation, even if they go with another relative, in this sense a judicial exit permit is requested, where the case is presented to the judge and he grants the exit permit. In fact, you can authorize the custodial parent to represent your child when applying for a visa at an embassy, without affecting the rights and obligations of the other parent.
One of the parents died and the other is out of the country and I don't know what to do with my grandchildren, because I do not have authorization for anything in hospitals, schools or other institutions such as immigration. What can I do?
The law protects the rights of children and adolescents, in this case, the family member who is taking responsibility for minors, must file a lawsuit with an action for suspension of parental authority and appointment of a guardian, without damaging in its entirety the rights of the absent father or mother, it is proceeded to request that parental authority be suspended from the father or mother who is outside of Nicaragua (he can recover it when he returns to the country) and at the same time they appoint him/her as guardian to that grandmother, uncle, brother or any relative who is taking charge of the physical, mental and emotional development of that child or adolescent, this in order to guarantee that the minor has an adult who represents him / her in the country for legal decision making.
5. I am the only person responsible for my elderly mother or father and my siblings do not contribute, what can I do?
- It is common in our country that adult children take responsibility for their parents at a certain age and depend economically on them, but there are always children who do not provide for their parents, and leave the burden to only one, maximum two. This action can be brought by one of the adult children (against the other siblings) or by the same father or mother, but all the children must be sued equally, even if the child works it can be seized and such as child support for children, the sum is retained, which must amount to 10% of their ordinary and extraordinary net monthly income in favor of the elderly parents. These same rights apply to a sibling in total helplessness or with a judicial declaration of incapacity, when his other siblings do have the economic capacity to contribute for his support.
6. We never got married, but we lived together for more than 15 years. Now that he or she died, am I entitled to own anything?
Our code now recognizes cohabitation, that is, by filing the action for Acknowledgment of cohabitation and that this is judicially recognized after fulfilling the requirements of the same, the spouse automatically acquires all the rights of widowhood, including This type of action can be filed even with the living partner, for the purposes of compensatory pension (pension for the wife or partner).
7. I want to adopt a child or adolescent, what can I do?
Our legislation also has an administrative adoption process established in the Family Code, a series of requirements must be met for this and through a sentence the adoption process is completed, it should be noted that when adopting a minor, the father, mother and other relatives will have responsibilities and this child acquires rights equal to those of biological children, being impossible to reverse these duties and acquired rights.
8. My son is already 22 years old but my child support is still being withheld from my payroll, what can I do?
The obligation to provide child support is until the age of 18 and extends to the age of 21 as long as the young adult is studying, has not been married and is not working.
We must also take into consideration that if the young person is studying a university degree that will take more than five years, such as medicine, it will hardly be possible not to continue providing child support. When we talk about fruitful studies, we are not talking about excellent grades only, but we are talking about the fact that the young person must be studying the university or technical career that corresponds to him according to his age and year in which he left school. In the event that child support continues to be deducted from a parent and the young person no longer complies with what is required to continue receiving said child support, an action called Termination of child support must be filed to nullify the sentence where this obligation is ordered.
9. How long does a family process take?
Every claim is a process and we have a certain number of courts in the different locations of our country, either Family District Courts (14 Managua, 1 per departmental head) or Single Local Court (other municipalities), these are courts that serve users of all kinds, call it criminal, civil, labor and family, therefore, although it is true in the Family Code, a specific time is established for each phase of the process, we cannot give an exact time, because there are external factors that can make the process shorter or longer than established by law.