The constitution, anyone have one handy?

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Smart

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I bought Guzmans translation of the constitution some time ago and read it a couple of times before lending it to a friend who inevitably has 'mislaid it'.

I would like to find out the act that states a person can not be asked to pay a pension that would leave them unable to financially care for themselves. I can remember reading this but need the actual Act so I can refer to it specifically.

Would anyone care to look it up, and put it up on here, please.

Online I can only find a preview of the constitution which doesn't include this Act.

Thanks!
 
M

Makinater

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Smart said:
I bought Guzmans translation of the constitution some time ago and read it a couple of times before lending it to a friend who inevitably has 'mislaid it'.

I would like to find out the act that states a person can not be asked to pay a pension that would leave them unable to financially care for themselves. I can remember reading this but need the actual Act so I can refer to it specifically.

Would anyone care to look it up, and put it up on here, please.

Online I can only find a preview of the constitution which doesn't include this Act.

Thanks!
Click to expand...

Are you completely sure that it was in la constituci?n that you found that paragraph? I just did a quick search for jubilaci?n y pensi?n to see what came up in that document, and nothing of it was related to a citizen's right not to be stripped of their assets to such an extent that would render them unable to financially care for themselves. But if you are completely sure that it was there, I can look deeper to see if I can find any text about it that I will PM in such case. Let me know.
 
S

Smart

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This was specifically about a pension. As in a person can not be asked to pay a pension of more than they have, this stated that a pension can not be set up that would leave them unable to care for themselves.

I think in the US the equivalent is that a pension can not be requested that is 50% more than your disposable income, or 55% (60 in some states) if there is back payments being recovered.

Sat in court I actually heard a judge read this act out, the guy was trying to reduce his pension, but the woman was screaming out that once he has signed to an agreement it can not be reduced. The judge calmly told her not to tell him the law, he reached for his bulky copy of the constitution and read out something along the lines of, 'a court ruled pension can not be applied to be reduced, unless circumstances change so that the income is considerably less (guy loses his job or his salary is reduced, becomes ill and requires significant medical expenses etc) than at the time of the court order being placed', but I didn't catch the act number itself.

But I definitely remember reading something similar in the Guzman translation of the constitution.

Thanks for your help by the way, very much appreciated.
 
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dv8

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constitution? you mean that ho who walks pedro clisante? you know, because she was screwed by every politician in DR?
 
S

Smart

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AlterEgo said:
Pension? Do you mean Child Support??
Click to expand...

In the case I mentioned above, yes, child support.
What we're looking at is not quite as simple as child support but you can consider a ruling on that would probably be considered the same, I expect.
 
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Dolores1

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There are versions of the final 2010 Constitution online. Suggest you download it and find what would look like the clause you mention. Reading through the Guzman version can't find anything such as you suggest. Agree with the other poster that it sounds like something that you would have read elsewhere, it would be in one of the legal codes or rulings and not the Constitution itself.
 
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dv8

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Smart said:
In the case I mentioned above, yes, child support.
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what do you mean "in the case"? you were talking about child support from the get go. this is not the same as pension. you only get readers confused. i know in proper spanish it is pensi?n alimenticia but this is english forum.

anyways. constitution is here:
http://www.ifrc.org/docs/idrl/751ES.pdf

i find nothing about alimony in there.

but in codigo civil, there: http://www.oas.org/dil/esp/Código Civil de la República Dominicana.pdf
alimony is discussed in titulo 5, capitulo 5, articulo 208-211.
 
S

Smart

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Sherlock in the building, careful posters!

'In the case' I mention above, I posted the info of what I witnessed in court which is what I referred to.

The reason this info might be helpful is not quite as simple as a child support pension, get me know Sherlock? I'm sure you do being so clever n all.

Child support is referred to as pension, so if you don't mind?.


But thanks for the links, appreciated, really, I do, it's a great help.

Sorry, smarmy is a pet hate!
 
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dv8

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smart is getting some beating lately, no? i don't mind being called for mean and nasty heart of a viper ;) hope that my links were useful, thou.
 
bronzeallspice

bronzeallspice

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Once an amount in child support has been established the plaintiff cannot on a whim file
a petition to have the court order reduced unless something has changed. A decrease in
salary, loss of a job, disabled, receiving unemployment benefits etc.The amount will
remain the same.

The judge was reading the court laws based on child support which is not in the Constitution.
 
S

Smart

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dv8 said:
smart is getting some beating lately, no? i don't mind being called for mean and nasty heart of a viper ;) hope that my links were useful, thou.
Click to expand...

I figured you didn't, that's why I referred to you as a simpleton instead:eek:

I'm getting a beating? No, just people trying to get me to see things from their point of view, but I can't get my head that far up their arse.

Yes, thank you for the links, I don't have the concentration or will power to go through them just yet, but appreciated, thanks.
 
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dv8

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no worries. i take things lightly. already sent you a packet with ricin anyways ;)
 
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