Even if you are over eighteen, if you have been “kicked out of the house”, you have the full right to ask for child support while you are studying. In some exceptions, even not studying it is possible to receive (but that's a conversation for another conversation).
It is always difficult to write about our realities. Many ghosts still haunt that fat, dyke girl, who was pulled out of the closet long before she could read and write. My experience as a dyke child was not easy. However, today I am proud to be here sharing knowledge among us.
In quarantine, with more “closer” relationships, many conflicts routinely tempered by the family routine come to the fore in the daily coexistence forced by the pandemic. As a lawyer, I have witnessed many reports, in addition to the significant and horrific increase in domestic violence, but also a growing crisis in relation to conflicts in the LGBTI community , which led me to write about the so famous “fear of being expelled, expelled or expelled”. From home".
My family has always been very welcoming, but even so, fear haunted my childhood somehow. If this fear is around you, pay attention! Especially at these times you need to be aware of your rights.
Even if you are over eighteen , if you have been “kicked out of the house”, you have the full right to ask for child support while you are studying. In some exceptions, even not studying it is possible to receive (but that's a conversation for another conversation).
This right is described in article 1694 of the Civil Code :
“Relatives, spouses or partners may ask each other for the food they need to live in a manner compatible with their social condition, including to meet their education needs.”
Now that we've discussed the possibility of applying for child support, it's important to talk about what it encompasses. Many think that it is always 30% of the income of those who will pay, but...
1st this was never written in any law;
2nd you can receive child support from more than one person in the family;
So how is the amount to be paid for child support analyzed?
It is through a trinomial. The judge or judge will analyze the need of those who will receive, the contributory capacity of those who will pay and the proportionality of the request. It would not be proportional to request 2 thousand reais of pension for a parent who receives a minimum wage, for example.
However, it should be noted that child support, unlike what many think, is not a value to pay only for food . There are many other factors to be considered, such as: clothing, education, teaching materials, transportation, rent, IPTU, leisure, health, water, electricity, telephone, internet, among others.
These needs must be proved by the person asking. So write it down, think about all your possible expenses, describe everything that is indispensable to survive in a dignified way.
After having everything written down, it is extremely important to look for a professional to help you with the application . It can be a public professional (dative lawyers, public defender) or a private lawyer (incorporated lawyer). With this documentation in hand, the professional will have a better understanding of your needs.
We know that many are without any financial possibility, and many families are extremely cruel. Some of us leave for degrading situations to try the minimum of support and, therefore, this information is of extreme importance.
It's like I always say, child support is not a favor, it's a right!
And let society be aware. We will demand our rights. ENOUGH OF SILING UP!
( • )
Aline Vasconcelos , lawyer, teacher, lesbian, militant specialist in minority rights.
Follow Aline on Instagram .
( • )
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