In Mexico, significant changes have been implemented regarding the responsibility of parents to provide child support for their underage children. As part of the reform to the General Law on the Rights of Girls, Boys, and Adolescents, measures have been put in place to ensure compliance with child support obligations. One of these measures is the migration restriction imposed on delinquent child support debtors, with the aim of preventing payment evasion through leaving the country.
According to the reform, competent federal authorities will be responsible for implementing migration restriction measures that prevent any person registered in the National Registry of Child Support Obligations from leaving the country in two specific cases:
- Being a delinquent child support debtor: This measure applies to parents who fail to meet their child support obligations and have fallen behind on the established payments for the support of their children.
- Existence of a risk of payment evasion: In situations where there is evidence that allows the Judge to determine that leaving the country could be used as a means to evade child support obligations, migration restriction can also be imposed.
It is important to note that the request for the restriction on leaving the country must be submitted by the creditor or those who have custody of the child to the corresponding Judge. If the restriction is approved, the Judge must notify the relevant immigration authorities to take the necessary measures.
However, in the case of section I of this article, the Judge has the authority to authorize leaving the country if at least half of the outstanding child support debt is guaranteed to be paid. Additionally, a deposit corresponding to the advanced payment of child support will be required, which can range from ninety to three hundred sixty-five days, depending on the circumstances. Alternatively, the Judge may consider any other guarantee that ensures compliance with the child support obligation, evaluating each case individually.
The reforms made to the General Law on the Rights of Girls, Boys, and Adolescents in Mexico have established an important measure to ensure compliance with parental child support obligations towards their underage children. The migration restriction imposed on delinquent child support debtors and those presenting a risk of payment evasion aims to ensure that minors receive the necessary financial support. These measures seek to prevent leaving the country as a means to evade financial responsibilities, always considering the specific circumstances of each case and allowing the authorization of departure under certain conditions that guarantee compliance with child support obligations.
Vega, Guerrero & Asociados, through the Migration Department team, is available to provide advice regarding any doubts that may arise in relation to this informative article.
