Legal responsibility of secondary debtors in child support in Santo Domingo

Abstract

The research aimed to analyze the activation of co-responsibility between primary and secondary debtors to ensure the alimentary right of minors in Santo Domingo. A mixed methodological approach was used, combining qualitative and quantitative techniques. Legal elements were analyzed, and semi-structured interviews were conducted with judges and public defenders. Additionally, statistical information from the Judicial Council regarding child support claims in Santo Domingo during 2023 was collected. The sample included judges and public defenders from the family, childhood, and adolescence areas. The results indicated that most claims are directed towards primary debtors, with a minimal percentage towards secondary debtors. The interviewees highlighted the lack of regulatory clarity and legal ignorance as the main barriers to the activation of co-responsibility. Furthermore, a discrepancy was observed in the interpretation of the law among the interviewed judges, with some advocating for following the order of precedence and others for considering the economic solvency of secondary debtors. The conclusions underscore the need to reform and clarify the regulations to facilitate the activation of co-responsibility. It is recommended that judges adopt a more flexible approach and consider the guidelines of the National Court of Justice to ensure the fulfillment of the alimentary right. The research highlights the importance of guaranteeing the right to food, a fundamental right recognized both in the Ecuadorian Constitution and international instruments.

Keywords: Right beneficiary, Secondary debtors, Alimentary right, Subsidiarity.