The Supreme Court of Justice of the Nation (SCJN) authorized the exceptional seizure of Afore funds to guarantee the payment of child support, in the event that the beneficiary is unemployed and has no other resources available.
What does this SCJN ruling mean?
In simple terms, it allows for the seizure of:
The retirement subaccount
Severance pay for elderly and old age
In a proportion equivalent to what the worker could voluntarily withdraw due to unemployment.
This is to ensure that the child support amount can be covered and this obligation is not defaulted upon, in the case of users in this situation.
“Family Justice”
The ruling issued by the First Chamber marks a watershed in family justice, as it prioritizes the right of minors to receive support over those facing unemployment.
It should be noted that the SCJN left intact Article 79 of the Retirement Savings Systems Law (SAR), which prohibits garnishments of this sub-account.
Therefore, the garnishment of the sub-account to comply with the child support obligation will be left to the judges’ interpretation.
During the session, it was explained that the garnishment of Afores will also be capped at what the law authorizes for unemployment cases, which is 10 percent of the Afore sub-account balance.
The proposal was promoted by Justice Jorge Pardo, who proposed ruling against Article 79 of the SAR Law, which prohibits any garnishment of the retirement sub-account in cases of unemployment due to old age and retirement.
“Article 123 of the Constitution does not state that these sub-accounts are not subject to garnishment, since Section A only states that the minimum wage will be exempt from garnishment, compensation, or deduction,” the justice explained.
Source: milenio
