It’s Halloween in Mexico Year Round For Men

Its great being a guy and as such there are certain norms in society that we follow but the law also may have extra quirks and burdens. Many are downright scary and many foreigners may find them much stricter than the laws they thought were “anti man” in their home country. Both parents need to contribute to the wellbeing and support of their children. If a wife was truly a homemaker and was not able to work and / or supported her husband’s studying and building of his business or career and then finds herself separated or divorced it would be only fair to allow her to receive support to be able to live a dignified life.

Some laws and court rulings that are different to what many are used to, and to some may seem quite shocking are:

Child Support until age 25
Most states in the United States will terminate the obligation to make child support payments when a child reaches the age of 18. In Mexico it is the lesser of when the child turns 25 or completes their professional career (assuming they are not disabled). Monthly support payments then support plus college.
Jalisco State Civil Code Article 434

Grandparents liable to pay support
Just when you thought all your support payments were done, if your son doesn’t pay child support then they can sue the grandparents (they usually only seem to sue the paternal grandfather) to make them pay the support that the father is unable to pay. Imagine paying child support when you are in your 80’s.
The amparo case cited below relieved the grandfather of the obligation to pay when his son quit his job, here the court absolved the grandfather of the obligation to pay saying the loss of work was not an absolute impediment. Others have not been as fortunate and had to pay for their children’s problems.
Jalisco State Civil Code Article 434, Amparo Directo 3929/2013

Separate property still doesn’t protect you and wife gets 40% of assets
Many civil codes have a provision for marriage under the system of separate property. In Jalisco and many others if you marry under separate property you may still be liable to give your spouse up to 40% of your assets when you divorce as the law states such. This usually applies if the spouse was exclusively caring for the children.
In one recent case the wife had worked outside the home and had earned money and at the same time she was not exclusively caring for the children but that was her preponderant activity. The court ruled that she should get 50% of all property acquired during the marriage.

Separate property is still a great way to get married as it gives the couple more options to acquire property separately and not be forced to buy property or get loans together but at the same time the separate part is not absolute and will not insulate one spouse from compensation claims from the other for up to 50% of the value of assets acquired.
Jalisco State Civil Code Article 417-Bis, Amparo Directo en Revision 4883/2017

Retroactive child support for 18+ years
A recent case decided went against the father of a child who was 18 years old and sued for paternity and 18+ years of back child support, at the time of the amparo she was over 20 years old. Imagine a knock on your door and it is a child you didn’t know you had now wanting 240 months of child support plus attorney fees and the like.
Amparo Directo 5781/2014


About the Author:

Litigating Attorney and Official Court Translator in the State of Jalisco, Mexico