In the session held on September 11, 2014, the H. Congress of the State of Jalisco passed and enacted the decree 24954/LX/14, amending the articles 693, 694, 695, 696, 697, 698, 699 and 700 of the Code of Civil Procedures of Jalisco, decree that was published in the Official Journal of the State of Jalisco on October, 2014.
The amended articles textually indicate:
Article 693.? Proceedings in relation to the payment of alimony, or its assurance, will be made in conformity with the general rules of the other summary proceedings, as well as with the special rules established in this chapter.
Articles 694. - Both parties, in their respective writings of claim or defense, shall include the supporting documents of such claim or defense, as well as the other means of persuasion they deem favorable for their position.
Articles 695.- In this kind of matters, tutors will not be designated, and the hearing referred in article 282 bis of this Code shall not be held, notwithstanding that the parties, before the citation to judgment, may reach a settlement to conclude the trial.
Article 696.? If when starting the proceedings it is also claimed the fixation and the assurance of provisional alimony, the urgency and necessity of the requested measure will be presumed.
When accepting the motion, and without notifying the other party, the judge shall:
I. Based on the information that under oath was provided in the claim regarding the economic possibilities of the debtor and its living standards, as well as the ones of the alimony creditors and their necessities, and attending to the particular circumstances of the case, the judge shall immediately determine the rights to alimony, fixing the quantity or the percentage that should be sufficient to cover all the alimony necessities and that as provisional pension the defendant will have to cover while the matter is definitively resolved;
II. Likewise, the judge will warn the plaintiff that in case its proven that seeking to increase the pension it provided false information, it will receive a fine of up to 100 times the minimum wage in force in the geographic zone of the corresponding Judicial Party, notwithstanding the applicable criminal penalties; and,
III. If the defendant possesses stable work, it will be ordered to issue a judicial notice to its labor source, to the effect that from the next working day to the one of the diligence of requirement, a fixed amount of its wage is discounted as provisional pension.
Against the resolution in which the alimony is granted, there will not be any appeal, and against the one that refuses it the appeal will be admissible.
If the plaintiff claims past alimony, these will be a matter of the definitive judgment.
Article 697.- In case of not being in the assumption of the fraction III of the previous article, immediately after declaring the pension of provisional alimony, it will be required the payment of the first month of such pension, and if the payment is not made in the diligence act, the goods of the debtor sill be seized in a sufficient manner to cover the amount of such payment. Once the seizure is made, the defendant will be formally noticed to answer the claim within five days, and the trial will continue for the rest of the formalities.
For the case of the sale of the seized goods, it will be done separately with the form and formalities provided for auctions.
Article 698.- The judge, in the same notice in which it admits the answer of the defendant, or declares the defendant to be in default, will call for a hearing of evidence and allegations, within ten days, and will solve over the admission of the evidence, warning the parties, with five days of anticipation to the hearing, to provide the necessary items for the proper submission of their corresponding evidence.
Once the hearing is opened, the admitted evidence and the evidence required by the judge will then be submitted. Once the evidence had been submitted, the allegations will take place, either orally for fifteen minutes by each party or by writing. Subsequently the judge will call the parties to hear the judgment, which shall be dictated within fifteen days after the hearing.
The hearing may be deferred, to the judge?s criteria, for one sole occasion, by own motion or ex-parte, properly justifying such deferral, and shall take place in the following three days to the deferral.
When the reason of the deferral of the hearing in terms of the previous paragraph is the inability to vent at that moment some of the evidence, the Judge will indicate a new date for its celebration in the five following days, warning the parties that not providing the necessary elements for the submission of such evidence will cause the loss of their right to present them, continuing with the development of the proceeding.
Article 699.? In the judgments of divorce for mutual consent, the provisions related to this procedure shall be observed, as well as the ones contained in the chapter IV of the Second Tenth Title.
Article 700. If it is a matter of provisional alimony, such should be paid only while the procedure lasts during the necessary divorce proceedings, once proven the assumptions of article 696, the judge will proceed, as provided in this chapter, notwithstanding the rights it may grant the parties in the final judgment of the divorce to claim alimony.
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The amendments made to the articles above transcribed, has as its main objective to avoid elongated trials when the matter to be resolved is alimony, and mainly when the alimony beneficiary is a minor, considering the superior interests of minors which are protected by the Political Constitution of the United Mexican States.
Likewise, it eliminates the obligation that had the plaintiff when promoting the initial claim over payment or insurance of alimony of demonstrating with allowable items the urgency and necessity of the provisional measure, and justifying approximately, at least, the possibility of providing them, in regard to the alimony debtor.
Effectively, and as provided by the amended article 696, the urgency and necessity of the requested measurement shall be presumed with the sole submission of the claim, thus preventing a considerable waste of time and resources by trying to prove such urgency.
On the other hand, recently there was an important problematic in the alimony proceedings when the alimony creditor was a minor, since such situation obliged the plaintiff to pay a tutor which was named by the judge when there was controversy over the custody of the parents. With the amendments to article 695 such problematic is eliminated since it is determined that in the alimony proceedings won?t be necessary, nor compulsory, to appoint a tutor, and there will not be a conciliatory hearing between the parties.
Finally, a considerable progress achieved with these amendments is the possibility to reach settlements between the parties with the purpose of concluding the alimony proceedings, as long as such settlement is reached before the call to hear judgment; a possibility that was not provided before the in the Chapter Five, of Alimony Proceedings, before the amendments published on October 09, 2014.
It is also important to remark that the judgments commenced before the enactment of the decree afore mentioned will continue to proceed in accordance with the previous rules valid at the moment in which such proceedings started, this means all the alimony proceedings initiated before October 10, 2014, date in which the decree number 24954/LX/14 entered into force.
Source: www.periodicooficial.jalisco.gob.mx
