Incorporación del certificado de no deudor alimenticio en el código de la niñez y adolescencia, como elemento protector al interés superior del menor dentro de los juicios de alimentos

Abstract

Ecuador is one of the countries with the highest number of divorces or separations among couples. In this context, there has been evidenced direct harm to children and adolescents resulting from these relationships, as they are the ones who suffer directly from parental indifference and, in some cases, parents' abandonment. As it is known, based on parental co-responsibility, parents must protect the child equally. However, in different ways, given that the custodial parent is responsible for the care and protection, the non-custodial parent must provide food for the subsistence of this minor. Thus, it should be understood that care, protection, and food provision are fundamental aspects of the children's welfare. Nevertheless, in many cases, the custodial parent is forced to request that the non-custodial parent fulfill his or her role as a provider since this contribution is intrinsically necessary to cover the different child's basic needs. That is why compliance with this obligation in the Ecuadorian legal system has sometimes become a real challenge since non-compliance measures are insufficient to guarantee its objective. Based on the above and through the analysis of this situation, the "certificate of non-debtor" has been considered an appropriate tool for safeguarding the child's best interests.