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LORD PUBLIC FAMILY JUDGE NO. OF THE CITY OF PEACE.

NUREJ: ………… .
INCREASE OF
FAMILY ASSISTANCE
OTHERS.- Its Content.
………………, general laws known for their authority, within the DIVORCE
process, labeled as ……. / ………….. , Given the considerations of your authority,
I present and request:
I. BACKGROUND.
Lord Judge, how your authority can be evidenced in the proceedings, by
Resolution No. …/……. My daughter receives the monthly sum of Bs.400, the
same amount that, upon request for equalization, was requested at the national
minimum of Bs.425 for family assistance from her parent. On the other hand, the
obligor does not comply with his obligations voluntarily and The pressure had to be
taken to cancel years of family assistance for my daughter, there is a total neglect
for my daughter both financially and initially.

As established in Art 60 of the CPE, the rights of minors apply preeminently to


those of adults, with family assistance being a binding obligation, it must be in
accordance with the needs of the minor beneficiary, at the time of establishing my
daughter's family assistance had the same…. years old, currently has…. years of
age , DUE TO THE NATURAL COURSE OF TIME HER NEEDS INCREASED, my
daughter in accordance with Art 109 has food needs, typical of a girl of her age,
she has the right to housing, to education, she is in the PRIVATE SCHOOL
…………………… Canceling the sum of Bs….. On a monthly basis, being the
cheapest of the private schools I found, he does not have health insurance and I
must go to private care, with virtual education if or if the internet must be canceled,
he needs to get dressed, he has the right to disperse like any child of his age,
THAT IS, IT FULLY COMPLIES WITH ART 123 OF LAW 603, THEREFORE THE
INCREASE IN FAMILY ASSISTANCE CORRESPONDS, this is the reason why I
PRESENT THE DEMAND FOR INCREASE IN FAMILY ASSISTANCE.

According to the evidence attached to the claim, it can be seen that my daughter
has a monthly expense of... Bs per month, and therefore the sum of Bs 425 THAT
IS FIXED MONTHLY IN FAVOR OF MY DAUGHTER is insufficient, it barely
covers the pension. of the School, and the other five items are covered 100% by
me, this in a nominative manner because, as evidenced in the documents, the man
never complies with the payment of family assistance, therefore I request that he
increase the family assistance to the sum of …… Bs, in order to cover 50% of my
daughter's needs, since the obligation of family assistance must be solidarity, I
respect that the father does not participate in my daughter's life, it was a unilateral
decision, however, no can be released from its financial obligations.

Regarding the economic capacity of the parties, my person is an Architect by


profession and works in a company as evidenced by the tests, having a monthly
income of Bs...... which allows me to meet the needs of my daughter. Regarding
the parent, it is evident that in All these years he took care to have a formal job as
a law student, and he knows that it will be impossible for me to prove economic
capacity, but it is presumed that he has sufficient economic and intellectual
capacity to generate resources and contribute to the minor, my person. is aware
that the obligated party got married and has a daughter, but this is not a pretext for
assuming responsibilities, since each child needs assistance according to their
needs without discrimination; I am fully aware that the man leads a life full of travel,
he drives a car that is posted on social media all the time, that is to say, surely
before his authority he would appear as an unemployed man on the verge of
destitution, but nothing could be further from the truth. 80% of Bolivians have
informal jobs and do not have a salary slip, however this does not imply that they
do not have resources as is the case of the defendant. For this reason, using
healthy criticism, Mr. Judge, I ask you to analyze the situation. fully to determine
something fair, safeguarding my daughter's rights above any adult rights.

I must state that the year 20…. Due to the crisis that the world faced, I, in the
kindest way, contacted the father so that he could meet my daughter and the same
rejection, he told me that we should not take it into account, that we should pretend
that he does not exist that he is not interested in having no type of relationship and
I accept it Mr. Judge, what I fear is that now in revenge he wants to force a
visitation regime which I totally reject because he wants revenge for his arrest, I
publish on networks that he would take revenge, obviously for me my daughter is
the most important thing and he knows that this is the point to cause harm, MY
DAUGHTER DOES NOT KNOW HER DAD, THE LORD NEVER EXPRESSED
INTEREST IN KNOWING HER OR HAVING ANY RELATIONSHIP WITH THE
MINOR, establishing a visitation regime now is violating the rights of my daughter
and put her psychology at risk because the father has psychopathic traits and has
never shown any type of feeling or affection with the minor, which is why I ask you,
Mr. Judge, that when faced with the possibility of requesting visits, you take these
extremes into account and protect yourself. and guarantee the emotional health of
my little girl at all times
II. LEGAL BASIS.

My legal basis is based on the following legal regulations:


STATE CONSTITUTION
Article 13.- I. The rights recognized by this Constitution are inviolable, universal,
independent, indivisible and progressive. The state has the duty to promote,
protect and support them.
Article 60.-
It is the duty of the State, society and the family to guarantee the priority of the best
interests of the girl, boy and adolescent, which includes the preeminence of their
rights, the primacy in receiving protection and help in any circumstance, the priority
in providing services. public and private and access to prompt, timely
administration of justice with the assistance of specialized personnel.
Art 64 I (.. Spouses or cohabitants have the duty to provide care under equal
conditions, through common effort….comprehensive education and training
of children…”
CODE OF FAMILIES AND THE FAMILY PROCESS – LAW N° 603
Article 6.-
Inc. i) BEST INTEREST OF THE GIRL, BOY AND ADOLESCENT.-
The state, families and society guarantee the priority of the best interest of the girl,
boy and adolescent, which includes the preeminence of their rights, the primacy in
receiving protection and help in any circumstance, the priority of attention of public
and private services. . The rights of children and adolescents will prevail over any
other interest that may affect them.
Article 32.- (RIGHTS OF DAUGHTERS AND SONS).-
Without prejudice to human rights, children have the right to:
c) Their comprehensive development with health, education, housing, clothing and
recreation.
g) To a life free of violence and without discrimination.
Article 109.- (CONTENT AND EXTENSION OF FAMILY ASSISTANCE)
I. “ Family Assistance is a right and an obligation of families and
includes the resources that guarantee the essentials for food,
health, education, housing, recreation and clothing (…)”
Article 112.- (PERSONS OBLIGATED TO ASSIST)
I. “ The people indicated below are obliged to provide family assistance
(…)”
1. The mother or father (both)
Article 116.- (SETTING OF FAMILY ASSISTANCE)
I. Family Assistance is determined in proportion to the needs of the
beneficiary (…).
II. The judicial authority will set family assistance in a fixed or percentage
amount, or its equivalent in an alternative way, exceptionally.
III. The ability to grant family assistance will be fully assessed by the means
that demonstrate your periodic income, salary or otherwise, in
accordance with pay stubs, tax returns and accreditations.
ARTICLE 116. (SETTING OF FAMILY ASSISTANCE).YO . Family assistance is
determined in proportion to the needs of the beneficiary and the economic
resources and possibilities of the person or persons who must provide it, and will
be adjustable according to the variation of these conditions. II. The judicial
authority will set family assistance in a fixed or percentage amount, or its
equivalent in an alternative way, exceptionally. III. The ability to grant family
assistance will be fully assessed by the means that demonstrate your periodic,
salary or other income, in accordance with pay stubs, tax returns and other
accreditations. IV. In cases where there is a monthly income equal to or less than
the national minimum wage, whether fixed or not, or in cases where the annual
income is equivalent per month to the minimum wage, the qualified amount may
not be less than twenty percent ( 20%) of the national minimum wage, and will
increase if there is more than one beneficiary according to their needs. V. It is
presumed that the father or mother has physical and mental health conditions to
generate economic resources to cover family assistance to the beneficiaries, as
long as they do not prove otherwise; In this case, the judicial authority may not
establish as family assistance a percentage lower than that established in the
preceding Paragraph of this Article. SAW. It is not considered justification for the
reduction or non-compliance of family assistance in favor of the children, that the
person who has custody has established a new relationship, nor the order of the
surnames recorded on the birth certificate.
ARTICLE 120. (CHARACTERISTICS OF ASSISTANCE). The right to family
assistance is inalienable, non-transferable and non-seizable, unless otherwise
provided by law. The obligated person cannot seek compensation for what he or
she owes to the beneficiary.
ARTICLE 123. (REDUCTION OR INCREASE OF FAMILY
ASSISTANCE). YO. Family assistance is reduced or increased
according to the decrease or increase in the needs of the
beneficiary or in the resources of the obligated person. II. Family
assistance defined as a percentage is automatically readjusted
according to variations in salaries, wages and income of the
obligated person or persons.
ARTICLE 258. (PRESENTATION OF THE CLAIM). YO. Any family claim claim will
be presented to the judicial authority competent in family matters. II. The omission
or incorrect indication of the competent judicial authority is not grounds for the
rejection of the claim. When the omission or incorrect indication is evident, the
judicial authority must send information to the respective office, and the judicial
support servers will act quickly under penalty of liability. III. The claim will not be
rejected for lack of citation of substantive or procedural legal norms, when they can
be deduced in accordance with the facts and the requests.
ARTICLE 259. (REQUIREMENTS OF THE DEMAND). In any claim the following
will be recorded: a) Indication of the judicial authority before whom the claim is
filed. b) Full name, home address or habitual residence of the plaintiff and identity
card. You may indicate the email address, when regulated by the competent
authority. c) Name and any information that identifies the defendant, indication of
his address, place of work or other place where he can be summoned. d) Brief and
precise account of the facts, in addition to the specific and pertinent legal
foundations that justify your claim. e) The specific request. f) Signature of the
plaintiff, or, where applicable, his/her fingerprint if he/she does not know how or
cannot sign. g) In the lawsuit, the application of precautionary or provisional
measures that correspond according to the nature of the action may be requested.
h) Along with the claim, a simple photocopy of the Identity Card of the plaintiff must
be accompanied. i) The signature of the sponsoring lawyer
ARTICLE 435. (START OF PROCESS). The process begins with the presentation
of the claim before the competent authority, in accordance with the provisions of
this Code.
Art 2; 8 num I, II “…it is the primary obligation of the State at all levels to guarantee
the full exercise of its rights…” Emphasizing the Articles
ARTICLE 32. (RIGHTS OF DAUGHTERS AND SONS). Without prejudice to
human rights, children have the right to: a) Maternal, paternal or both filiation. b)
The identity and bearing the surnames of their mother, father or both, or another
conventional name as established in the Girl, Boy and Adolescent Code. c) Their
comprehensive development with health, education, housing, clothing and
recreation. d) Representation and protection. e) Acquire a socially useful
profession or trade and have an education and training based on principles and
values. f) Succeed due to death to his father, mother or both. g) To a life free of
violence and without discrimination. h) To have an equal paternal and maternal
filial relationship. i) To receive affection from the mother, father or both, from the
tutor and from those who are members of the family environment.
ARTICLE 82. (DEMAND FOR FAMILY ASSISTANCE). If the ward does not have
the necessary means for the expenses of his or her food and health, the guardian
must judicially demand that they be met by relatives legally obliged to provide
family assistance, unless the guardian himself is the one obliged to provide it. , in
which case it must directly cover said expenses, under the supervision of the
judicial authority.
ARTICLE 116. (SETTING OF FAMILY ASSISTANCE). YO. Family assistance is
determined in proportion to the needs of the beneficiary and the economic
resources and possibilities of the person or persons who must provide it, and will
be adjustable according to the variation of these conditions. II. The judicial
authority will set family assistance in a fixed or percentage amount, or its
equivalent in an alternative way, exceptionally. III. The ability to grant family
assistance will be fully assessed by the means that demonstrate your periodic,
salary or other income, in accordance with pay stubs, tax returns and other
accreditations. IV. In cases where there is a monthly income equal to or less than
the national minimum wage, whether fixed or not, or in cases where the annual
income is equivalent per month to the minimum wage, the qualified amount may
not be less than twenty percent ( 20%) of the national minimum wage, and will
increase if there is more than one beneficiary according to their needs. V. It is
presumed that the father or mother has physical and mental health conditions to
generate economic resources to cover family assistance to the beneficiaries, as
long as they do not prove otherwise; In this case, the judicial authority may not
establish as family assistance a percentage lower than that established in the
preceding Paragraph of this Article. SAW. It is not considered justification for the
reduction or non-compliance of family assistance in favor of the children, that the
person who has custody has established a new relationship, nor the order of the
surnames recorded on the birth certificate.
ARTICLE 259. (REQUIREMENTS OF THE DEMAND). In any claim the following
will be recorded: a) Indication of the judicial authority before whom the claim is
filed. b) Full name, home address or habitual residence of the plaintiff and identity
card. You may indicate the email address, when regulated by the competent
authority. c) Name and any information that identifies the defendant, indication of
his address, place of work or other place where he can be summoned. d) Brief and
precise account of the facts, in addition to the specific and pertinent legal
foundations that justify your claim. e) The specific request. f) Signature of the
plaintiff, or, where applicable, his/her fingerprint if he/she does not know how or
cannot sign. g) In the lawsuit, the application of precautionary or provisional
measures that correspond according to the nature of the action may be requested.
h) Along with the claim, a simple photocopy of the Identity Card of the plaintiff must
be accompanied. i) The signature of the sponsoring lawyer
ARTICLE 266. (ADMISSION AND TRANSFER). The judicial authority, within three
(3) days of filing the complaint or correcting it, will issue an admission order and
order its summons to the defendant, warning them that if they do not answer it,
they will be appointed a public defender.
ARTICLE 314. (NOTIFICATIONS). YO. All notifications will be carried out in the
court clerk's office, except those that the judicial authority reasonably orders be
carried out at the procedural address outside the courtroom. All resolutions that the
judicial authority pronounces at the hearing will be notified at the hearing. II. There
will be a notification control book filled out by the process officer and supervised by
the court clerk.
ARTICLE 423. (ADMISSION OF THE CLAIM). The judicial authority, by means of
an order, will admit the claim, decide on the adoption of precautionary and
provisional measures and will order the defendant to be summoned to answer or
raise exceptions.
ARTICLE 436. (ADMISSION OF THE CLAIM). The judicial authority, at the time of
admitting the claim, will decide on the adoption of precautionary and provisional
measures and will order the summons of the defendant.
CODE GIRL BOY ADOLESCENT
Article 17.- (RIGHT TO AN ADEQUATE STANDARD OF LIVING)
I. “Girls, boys and adolescents, respecting interculturality, have the right to
an adequate standard of living that ensures their integral development,
which implies the right to a nutritious and balanced diet in quality and
quantity, which satisfies the standards of dietetics, hygiene and health
and prevent malnutrition, clothing appropriate to the climate and protect
health; decent, safe and healthy housing with essential public services.
Mothers, fathers, guardians, guardians, guardians, have the main
obligation (…)”.
Article 41.- (DUTIES OF THE MOTHER AND THE FATHER)
“The mother and father have common and equal responsibilities and obligations to
provide affection, food, sustenance, care, protection, health, education, (…).”
III. REQUEST.
For all of the above, I present a DEMAND FOR AN INCREASE IN FAMILY
ASSISTANCE , IN FAVOR OF MY DAUGHTER ……………… IN THE SUM OF
BS …….( ………….. 00/100 BOLIVIANOS ), AGAINST THE LORD:
…………………….. Bolivian, single of legal age, legally competent, with CI No.
……. LP, with address Street ……. Zone ……. of the City of La Paz, last address
known to me, requesting that your authority admit the claim and declare this claim
proven.
OTHERSI 1°.- . As documentary evidence, in compliance with Art. 261 of the family
code and the attached family process evidence in this process such as:

1.- health.

2.- housing.

3.- education.

4.- recreation.

5.- clothing.

6.- food.

7.- salary slip.


OTHERS 2°.- Under article 24 of the CPE, I request that the General Personal
Identification Service (SEGIP) be notified to issue a report on the last address of
the defendant ……………….. With CI No.……….. LP. So that the man is notified
with the demand for an increase in family assistance and assumes defense.
OTHERS 3.- I inform you that the undersigned lawyer is registered in the HERMES
system. I establish a WhatsApp number...... and email ………..@gmail.com , I
request that your authority make the corresponding notifications virtually due to the
health emergency that we are going through.

..……everything in Justice………

La Paz, …….2022.

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