Retroactividad en el pago de alimentos en Colombia para niños, niñas y adolescentes

Abstract

It is necessary to have a legal certainty and understand if our legislation includes norms that regulate those who do not pay for food to children and adolescents in Colombia, including the recognition and payment of retroactive food, as it happens in some countries, as has observed, in the exercise of comparative law, or the legislation only reaches to demand the payment of food after being required by any legal means. The question is aimed not to allow confusion of collection of food due and caused, for instance, those that have been obtained after going to judicial, administrative by conciliation, sentencing, etc., through the different possibilities and legal rules , such as an executive or through a criminal complaint for food non-attendance, with those that are not included in any lawsuit or conciliation process, such as: those that for some reason were not collected on time in the course of the obligation generated by the kinship or the care of a child. What is intended to answer, is why at the time of going to different jurisdictions, food has not been recognized from the moment of conception as established by the Constitution and laws, but from the time of the claim or requirement.