La ausencia de mecanismos de supervisión estatal sobre las pensiones alimenticias y su impacto en la garantía del interés superior del niño en el Ecuador

Abstract

Abstract: This research stems from a specific issue wherein the parent obligated to pay child support deposits the funds with the minor's legal representative; the State deems the obligation fulfilled without any mechanism to verify whether the money is actually used to meet the child's needs. While the system supported by the Unified Child Support System (SUPA) functions effectively regarding the setting, collection, and enforcement of payments, it disregards what happens subsequently, creating a regulatory gap concerning the principle of the best interests of the child. To address this issue, a qualitative approach was adopted through legal-documentary research analyzing the Constitution, the Code on Children and Adolescents, specialized legal doctrine, and constitutional jurisprudence with particular emphasis on Judgment No. 2158-17-EP/21. The findings confirm that, although the Ecuadorian legal framework is robust regarding payment guarantees, it lacks tools to verify the funds' actual use. Consequently, a proposal is put forward for exceptional technical oversight conducted by social workers under court order and applicable only when objective indications exist without compromising family autonomy.