The implementation of civil actions against non-compliance with alimony obligations in Peru.

Abstract

The work developed a problem that arises in the Peruvian reality: the failure to comply with the maintenance obligations judicially established in favor of minors, which on many occasions causes the deprivation of liberty of the person liable for maintenance, due to the configuration of the crime of omission to family assistance, resulting in the continuation of said non-compliance. as well as that minors are the most affected. Therefore, through this article we sought to propose the implementation of civil actions based on Chilean legislation and the principle of the best interests of the child to make effective the fulfillment of maintenance obligations.
Through the development of this article, it will be determined that the use of the aforementioned civil actions is feasible and although the Peruvian reality is not the same as that of Chile, the ideal and possible solution to the problem that affects a large part of the population, either directly or indirectly, can be observed. because although there is a judicial process for alimony, a National Registry of Delinquent Alimony Debtors and the criminal figure of the omission of family assistance in case of non-compliance; Peru is unable to effectively combat the various situations of food non-compliance that arise.