Fundo de garantia de alimentos devidos a menores

• Autor(a) principal: Dionísio, Miriam Vanessa Campos
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/18434
• topic: Obrigação de Alimentos; Menoridade; Maioridade; Fundo de garantia de alimentos devidos a menores (FGADM); Child Support; Minority; Full Age; FGADM; Direito

The child support or is one of the most important individual rights of the Constitution, which makes it closely linked to the dignity of the child and the right of this to survive. The everyday reality is dominated by the defenselessness of minors, due to the increase of child support default situations set in court or by agreement. In view of this, the Portuguese Government considered that there would be no legislative developments in the Portuguese legal system, that could reduce or eliminate the risk of default of maintenance obligations owed to minors. In this sense, and to supply this lack, it was created a mechanism to ensure the fulfillment of child support. For the fund to intervene it is necessary that the following conditions are met: there must be a fault in the child support´s payment; the maintenance creditor should reside in national territory; there is an inability to use the article 48º RGPTC procedure and finally, that the creditor does not have an income exceeding 419.22 euros (IAS) or not benefit to the same extent of another income from the parent who hashis custody. Upon satisfaction of the above mentioned requirements, the Court must determine the amount of benefit payable by the FGADM. It is at this stage that there have been several issues that divide the doctrine and jurisprudence, namely, the birth of the obligation and this satisfaction; the amount of the benefit and its limits; the obligation or not to setting a provision due to the unknown location of the parent or economic inability of the parent; and age as a cause for termination of benefits paid by the Fund. Finally, after the Court's decision that the Fund must intervene, the State will start the payment chid support payment, however that does not mean that it will replace the debtor indefinitely, or until the child ceases to need child support. The Fund is subrogated in all the rights of minors in order to guarantee reimbursement of benefits. We set out to examine all the understandings on issues of application of FGADM. We will advise for legislative changes in order to protect the rights of children, including the child support. Therefore we consider that there is an urgent need to reform the Fund, in order to achieve a faster and easier process.