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Obligation of Scjn to Pay Retroactive Maintenance

Summary by Reforma
The Supreme Court ruled against biolgyc parents who refused to pay retroactive and complete maintenance to their children.

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The Supreme Court ruled against biolgyc parents who refused to pay retroactive and complete maintenance to their children.

·Mexico City, Mexico
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Guanajuato, Gto.- The Supreme Court of Justice of the Nation (SCJN) unanimously revoked amparos in Guanajuato and Morelos that exempted food debtors from paying the full retroactive maintenance to their biological children In Guanajuato a woman sued in 2023, according to the amparo under review 7178/2024, the biological father of her daughter born 19 years earlier and the retroactive payment of maintenance.The Supreme Court of Justice of the Sta…

The Supreme Court of Justice of the Nation (SCJN) guaranteed the right of children and adolescents and ruled that maintenance is an obligation of the biological parents and that one of the grandparents assumes this responsibility, does not release them from payment, which must be retroactive from the birth of the children. The plenary revoked amparos granted to debtor parents in Guanajuato and Morelos, and determined that maintenance is not waiv…

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The Supreme Court of Justice of the Nation (SCJN) ruled that voluntary recognition of paternity on a minor does not exempt the biological father from his duty of maintenance. Ministers reached this conclusion by reviewing a case in which a court protected the biological father of a woman, not to make retroactive payment of maintenance from birth, since the maternal grandfather legally recognized her as a daughter and covered her needs when she w…

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The Supreme Court overturned the judgment of a Collegiate Court which had found that the maintenance obligation of a child had been satisfied on the basis of the support provided by the maternal grandfather, who legally recognized her as his daughter and assumed maintenance. The Plenary decided that the requirement for the payment of maintenance, including retroactive maintenance, was not punitive or punitive in nature, but rather derived from a…

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During its session of January 7, 2026, the Supreme Court of Justice of the Nation (SCJN) had a historic ruling in which it goes against all biological parents who refused to pay the retroactive maintenance of their children, ensuring that it was a human right that they had by birth and was not negotiable. Ministers unanimously revoked the amparos granted to a father in Guanajuato who refused to pay the retroactive maintenance of his 19-year-old …

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Reforma broke the news in Mexico City, Mexico on Wednesday, January 7, 2026.
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