Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: The case analyzed corresponds to a child support claim filed before the Multicompetent Judicial Unit of the Canton of Sucua, Morona Santiago Province, with the judge of first instance assuming jurisdiction. The defendant was not fulfilling his child support obligation, which is why the claim was filed against him. This process constitutes a relevant example for analyzing the arguments and judicial reasoning when setting a child support payment, since the judge considered constitutional, legal, and evidentiary aspects. Active and passive standing, the existence of the parent-child relationship, and the obligor's financial capacity, based on verified bank transfers, were examined. In the absence of direct evidence of formal income, the judge applied the corresponding percentage according to the current SUPA table, establishing a monthly child support payment of $150. The decision was based on the principle of the best interests of the child, the inalienable right to child support, and shared parental responsibility. This case allows us to reflect on how evidence is assessed and how the application of legal parameters is justified in the protection of the rights of children and adolescents.