A step towards family justice
The Supreme Court is about to take a transformative turn in the protection of the rights of minors! This Wednesday, he will discuss a revolutionary project that seeks to declare unconstitutional the absolute prohibition of seizing funds from the Afores when it comes to guaranteeing alimony for children and adolescents. Because? Because the well-being of children must come before everything.
The argument that changes everything
Minister Jorge Pardo, with a progressive vision, proposed to the First Chamber to modify article 79 of the Retirement Savings Systems Law (SAR). Currently, this rule prohibits any garnishment on the retirement, unemployment and old age subaccounts. But Pardo maintains that, when it comes to ensuring child support, the law must be flexible. And he is absolutely right!
His proposal is not radical: it would only allow attachments up to the limit that already exists for unemployment withdrawals. That is, a balance between protecting the worker’s savings and ensuring that no child is left behind. Isn’t that justice at its finest?
The Constitution vs. reality
The project points out something key: the Constitution does not explicitly prohibit these embargoes. Only Congress established it in secondary law. As Pardo explains well: “The right of minors to receive food must prevail.” Ignoring it would be allowing the State and parents to fail in their sacred duty to children. It’s time to prioritize what’s really important!
In 2014, the Second Chamber endorsed prohibiting seizures on the housing subaccount, but this case is different. These funds come from employers, not workers, and have a specific purpose. Here we talk about salaries and a moral obligation: no child without food.
What’s next?
Pardo’s proposal is clear: allow garnishments of up to 10% of the balance or the equivalent of 75 days of salary, whichever is less. With only two sessions remaining for the current integration of the Chamber, the issue could go to the elected Ministers in June. But one thing is certain: this debate will mark a before and after in the protection of children’s rights.
Share this news! Because every voice counts to build a fairer system. Do you want more content like this? Explore our publications and join the conversation for change. #JusticeForMinors




