Incidente de reducción de pensión alimenticia: el derecho del menor y la realidad económica del alimentante

The incident of reduction of child support in Ecuador is a legal mechanism aimed at adjusting support obligations when the provider experiences substantial economic changes. Although the Organic Code of Children and Adolescents (CONA) allows for such revisions, its application faces serious practical limitations, primarily because judicial rulings do not have retroactive effects. This has led to arrears, disproportionate sanctions, and even criminal proceedings against providers facing real economic hardship. The COVID-19 pandemic exacerbated this issue, revealing the rigidity of the judicial system in times of crisis. Ecuadorian legislation, along with international instruments ratified by the country, recognizes the best interests of the child as the guiding principle in any proceeding involving minors. However, judicial decisions often apply this principle in a formalistic manner, without adequately weighing the rights of the provider. Additionally, the mandatory use of minimum support tables does not always reflect the actual contributive capacity of the obligated party, which may result in unfair rulings. The study highlights the need to harmonize the child’s right to a dignified life with the principle of distributive justice, ensuring an objective and proportional evaluation of each case. It proposes a comprehensive reform of CONA that incorporates more agile procedures, updated technical criteria, and judicial training, enabling a fairer resolution of support reduction incidents. This legal transformation must ensure the effective protection of the child without infringing upon the constitutional rights of the provider, thereby promoting a truly equitable and context-sensitive system of justice.