In May 2024, Honduras implemented a significant legal framework to protect the rights of minors: the Regulation on the Registry of Delinquent Child Support Debtors. This regulation, backed by the Supreme Court of Justice, aims to ensure that parents meet their child support obligations, thus guaranteeing that children receive the necessary sustenance for their comprehensive development.
What is the Registry of Delinquent Child Support Debtors?
The Registry of Delinquent Child Support Debtors is a legal tool designed to register parents who fail to meet their child support obligations. According to the regulation, any person obligated to pay child support, whose obligation is backed by a final judgment, will be registered if they fail to pay three consecutive installments or five non-consecutive ones. This registration is carried out by court order and has severe consequences for the debtor.
Consequences of Being Listed in the Registry
Being listed in the Registry of Delinquent Child Support Debtors has serious and far-reaching implications. Registered individuals cannot open bank accounts, obtain or renew credit cards, apply for loans, or get licenses to open businesses or industries. Additionally, they cannot obtain or renew passports or driver's licenses. These measures aim to pressure debtors to fulfill their child support obligations.
Responsibility of Institutions
Public and private institutions play a crucial role in enforcing this regulation. They must verify if a person is listed in the registry before allowing them to carry out certain activities. This verification is done through the Judicial Branch's Institutional Web Portal. This ensures that the restrictions imposed on debtors are effectively enforced, promoting compliance with child support obligations.
Registration and Deregistration Procedures
The registration process is clear and straightforward. If the debtor fails to prove compliance with their child support obligation within the established period, the Secretariat will inform the judge, who will order the registration. This registration is carried out immediately, ensuring swift action against debtors.
To cancel the registration, the debtor must pay the full outstanding child support debt. Once the payment is made, they can request the competent court to cancel their registration. The judge will verify compliance with the debt and issue an immediate deregistration order.
A Step Towards Protecting Minors' Rights
Implementing this regulation is a crucial step towards protecting minors' rights in Honduras. By ensuring compliance with child support obligations, it guarantees that children receive the necessary sustenance for their physical, mental, spiritual, moral, and social development. This regulation not only promotes parental responsibility but also establishes a fairer and more equitable justice system for minors.
In summary, the Regulation on the Registry of Delinquent Child Support Debtors is a powerful and necessary tool to ensure the well-being of minors in Honduras. Its effective implementation will not only benefit children but also contribute to strengthening the justice system and protecting human rights in the country. It is a clear example of how laws can and should be used to create a fairer and more protective environment for future generations.
For more information on how this innovation may affect your operation or investment in Honduras, the Galindo & Asociados team is at your disposal.
Lilian Cruz
HN | Asociada
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