Much is said in the media and social networks about the new National Registry of Alimony Debtors, also popularly called the “Sabina Law”, but there are many doubts about it that we will try to resolve on this occasion.
In the first place we must clarify that it is not a new law, it is the reform of the second paragraph of section I of article 103; a fraction VI is added to article 120, and a Fourth Section is added to the Third Chapter, called “Of the National Registry of Food Obligations”, which includes articles 135 Bis to 135 Septies of the General Law on the rights of children and adolescents.
This new legal instrument has been recently approved by the Chambers of Deputies and Senators respectively and only awaits its publication in the Official Gazette of the Federation to enter into force the following day. However, its entry into force does not in itself mean its immediate application, because from its entry into force the National DIF System will have a period of three hundred business days for the implementation of the National Registry of Alimentary Obligations, this means that the real application of this registry and the implicit sanctions will begin one year after its publication, time in which the DIF National System must have available all the necessary structure, in the same way the Local Congresses and the Superior Courts of Justice of the Federal Entities and Mexico City, will have a period of no more than one hundred and twenty business days from the beginning of the creation of the National Registry of Alimentary Obligations, to harmonize the corresponding regulatory framework, in accordance with the guidelines established by the DIF National System, as established by Decree.
As we can see, it is not so easy to put into effect such an elaborate infrastructure where the three levels of government are involved (Executive, legislative and judicial), which will provide what is necessary in order to establish as a requirement the presentation of a non-registration certificate in the National Registry of Alimony Obligations (RNOA) for procedures such as:
- Obtaining licenses and permits to drive.
- Processing of passport or identity and travel document.
- Participate as a candidate for popularly elected positions, as well as participate in selection processes to assume the position of judge or magistrate at the local and federal level.
- In the procedures carried out before a notary public related to the purchase and sale of real estate and the constitution or transfer of real rights.
- Marriage requests where the judge must inform the contracting parties if one is in the Registry and the situation it has with respect to its obligations.
As a first step, the platform must be created so that the corresponding judges and authorities begin to send the information of the current debtors and those that are generated over time, in the same way the implementation of procedures is required for the unification of the respective local databases in the large national database, subsequently the guidelines for individual registration in the National Registry of Food Obligations (RNOA) must be established and informed to the public, in order to be able to generate your Certificate of non-registration prior to any of the aforementioned procedures. It is true, this reform is a great achievement for Mexico in terms of defending the rights of children and adolescents, a country where 7 out of 10 alimony debtors do not comply with their parental authority obligations, we must be aware that Due to its great scope, the implementation and application of these new legal instruments still requires a great deal of joint work by the authorities involved, but in addition to the timely and insistent demand of the parents who assume custody of their children, who must become charge of their children in the absence of the other, without this initial step there will be no effective registration. In future installments we will report on the progress of this new Registry of Food Debtors and remember that you can count on the professionals of Anaya Legal Playa to advise you in a timely and effective manner.