"Pix Alimentary Pension": See how the debtor will be automatically charged
The Federal Senate approved on Tuesday (7) a bill that creates a mechanism for automatically charging alimony - called "Pix Alimentary Pension".
The text was approved symbolically, that is, without a nominal record of votes, and now goes to President Luiz Inácio Lula da Silva (PT) for sanction.
How will it work?
The mechanism will automate the monthly payment of the pension to the beneficiary's account and can be requested during any phase of compliance with the measure.
In practice, the project allows the recipient of alimony to request the Court to receive the defined amount monthly directly from the account of the person paying the amount.
When deciding on the payment of the pension, the judge must provide the data necessary for payment. The information includes the monthly value of the pension, the duration, the beneficiary's accounts and the criteria for updating the values.
From the dates determined in a court decision, it is the responsibility of the financial institution from whom the payment is made to collect the agreed amount. If there is no balance at the time of payment, the responsible bank will act to block the debtor's financial assets until the debt is paid.
In the scope of Justice, PL 4,978 of 2023 also defines that the CNJ (National Council of Justice) shares data on payment of alimony, as well as the collection and debt relationship of the parties involved.
Currently, the pension can be automatically debited from the debtor's salary, however, if there is no formal link, the beneficiary can take legal action with each delay.
How is it calculated?
Alimony is a right designed to guarantee the concept of subsistence, such as food, health, education and leisure for children and dependents.
The value is calculated based on the binomial rule: necessity - for those who receive - and possibility - for those who pay.
The obligation to pay may extend to ex-spouses, other relatives, pregnant women and children up to 18 years of age, with the possibility of an increase of up to 24 years if the child remains studying or in need of assistance.
Source: CNN