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Alimony in pregnancy

21 de May de 2019

Pregnancy foods are foods to be paid from parents to children, fixed only in those cases where the child has not yet been born, that is, food is fixed during the gestational period of the woman. The aim is for both parents to contribute to the essential expenses of pregnancy. That is because, the unborn child – as the fetus is called before birth – is already considered a subject with rights. Thus, food will contribute to the development of the unborn child, even if the one requesting them is the mother.

Thus, pregnant foods are values ​​to cover the expenses of the pregnancy period and that are due to it, that is, despite the name, the action does not require that the woman dispute only amounts to cover the expenses with the food, but also medical assistance and psychological, complementary examinations, hospitalizations, childbirth, medicines and other indispensable preventive and therapeutic prescriptions.

Federal Law 11,804 / 08 protects every woman’s right to collect pregnancy food, where she can file a lawsuit claiming from the father of her child the financial resources necessary to maintain the pregnancy until the child is born, or pregnant foods, such as They are known. When proposing an action to claim pregnancy foods, the pregnant woman must gather strong evidence to prove the alleged paternity. That is because, if paternity is not proven, in addition to not having the right to food, the woman runs the risk of suffering the penalties of the law if she wants to simulate a non-existent paternity or try to deceive justice.

The criterion for fixing the gravid foods is the same for the establishment of alimony, that is, the effective needs of the unborn and pregnant, as well as the financial conditions of the alleged father, will be observed.

The duration of delivery of the gravid foods only lasts the time of gestation. When the birth of the child occurs, the value will be converted into food for him.

Legal Amparo: Federal Law 11,804 / 08