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Demanda por cobro de alimentos

English translation: Petition for Child Support/Petition for Alimony

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20:13 Aug 5, 2013
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: Demanda por cobro de alimentos
Hola: Es el titulo de una peticion por alimentos. Como lo dicen en EEUU?...YO lo traduje como: Petition for Alimony...But I am not sure..Me gustaria que me ayuden y me confirmen si lo traducirian de esa forma?

Muchas Gracias
nbertfo
English translation:Petition for Child Support/Petition for Alimony
Explanation:
As others have commented below, the context necessarily determines the correct translation of "alimentos," which, according to the Spanish-English Dictionary of Law and Business can be translated as either "child support" or "alimony" depending on the context (p. 47). "Demanda" would not be translated as "demand" in this case because the judge may refuse it; "petition" would be a better and more common translation.
Selected response from:

Samantha Lisk
United States
Local time: 03:45
Grading comment
Thanks! It was for my legal translation class...My teacher has just confirmed that students should translate it as Petition for Alimony
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1Petition for Child Support/Petition for Alimony
Samantha Lisk
4child support claim
Giovanni Rengifo
3Motion/demand/request for maintenanceMargaret M. Mahoney
3Petition for Enforcement of Support Order
Kathryn Litherland
5 -3Demand for Alimony
Francisco Guamantica
5 -4charge for food demand/charge for demand of foods
cmbvenezuela


Discussion entries: 7





  

Answers


6 mins   confidence: Answerer confidence 5/5 peer agreement (net): -4
demanda por cobro de alimentos
charge for food demand/charge for demand of foods


Explanation:
estan cobrando tal vez alimentos obtenidos de modo fiado

cmbvenezuela
United States
Local time: 02:45
Works in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
disagree  Henry Hinds: ¿Esa respuesta es de Google?
1 hr

disagree  Marie-Helene Dubois: There is no way that this could be the correct translation.
13 hrs

disagree  Samantha Lisk: This is a more literal translation of "alimentos" which is almost certainly incorrect within the specialized field of law.
23 hrs

disagree  Margaret M. Mahoney: This isn't correct legal terminology. It must be confusing because alimony and alimentos seem to be the same, but in US courts, alimony is for spouses, and child support is for children of divorcing parents.
1 day23 hrs
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11 mins   confidence: Answerer confidence 5/5 peer agreement (net): -3
demanda por cobro de alimentos
Demand for Alimony


Explanation:
:)

Francisco Guamantica
Ecuador
Local time: 02:45
Specializes in field
Native speaker of: Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
disagree  Henry Hinds: No es "demand", es "suit", y sin saber quién es el acreedor alimentario no podemos decir "alimony", ya que se refiere al cónyuge nada más.
1 hr

disagree  Marie-Helene Dubois: "Demand" no es una traducción de "demanda" sino un falso amigo. Una cara sonriente no constituye una explicación tampoco. Además, estoy de acuerdo con Henry que no se puede decir "alimony" si no se sabe a quién se tiene que pagar los alimentos.
13 hrs

disagree  Margaret M. Mahoney: Alimony is only for divorcing spouses, not children.
1 day23 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
demanda por cobro de alimentos
child support claim


Explanation:
-

Giovanni Rengifo
Colombia
Local time: 02:45
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 245

Peer comments on this answer (and responses from the answerer)
neutral  Henry Hinds: Podría ser, pero quien nos solicita la ayuda no ofrece el CONTEXTO necesario, por lo tanto no se puede afirmar.
2 hrs

neutral  Marie-Helene Dubois: La traducción en este caso es más específica que el texto original. Podría ser específicamente incorrecta.
12 hrs
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16 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Petition for Enforcement of Support Order


Explanation:
For US English: In the title of the court filing, I would use petition. In this case and without more info, I interpret "demanda por cobro" as a petition to enforce collection of an existing order--it would be important not to imply that it is a "petition for establishment of support"--i.e. a filing to request a new support order, but rather a filing to request enforcement of an existing order. Note that spousal support is becoming the preferred terminology over alimony in most states, so if the document concerns that form of support, that would be the preferred term. If it's for children, then child support can be specified, but I think it's ok to use the generic support in the title.

http://www.superiorcourt.maricopa.gov/SuperiorCourt/FamilyCo...
Family Court - Support Enforcement
Monitoring In leiu of party filing an another petition for enforcement of support, Support Enforcement Court may make orders for future monitoring of the parties ...

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&c...
"Oct 6, 2009 - A Petition Motion to Enforce is a written request that the court enforce the support order. (Ask the Court Clerk for a Form #823) The Petition ..."

Kathryn Litherland
United States
Local time: 03:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 103

Peer comments on this answer (and responses from the answerer)
neutral  Margaret M. Mahoney: Wouldn't a request for enforcement come after the initial award?
2 mins

neutral  Sandro Tomasi: To answer Margart's ?, yes. However, we don't have enough context to rule out this answer.
3 hrs
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23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Petition for Child Support/Petition for Alimony


Explanation:
As others have commented below, the context necessarily determines the correct translation of "alimentos," which, according to the Spanish-English Dictionary of Law and Business can be translated as either "child support" or "alimony" depending on the context (p. 47). "Demanda" would not be translated as "demand" in this case because the judge may refuse it; "petition" would be a better and more common translation.

Samantha Lisk
United States
Local time: 03:45
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thanks! It was for my legal translation class...My teacher has just confirmed that students should translate it as Petition for Alimony

Peer comments on this answer (and responses from the answerer)
agree  Margaret M. Mahoney
1 day56 mins
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16 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Motion/demand/request for maintenance


Explanation:
I looked in the EU online term search, and maintenance is apparently the family law term in Europe. I'm from the US and we would use either child support (kids) or alimony (spouse).

The name of the pleading (domanda) would depend on the jurisdiction. It can change from state to state in the US.

--------------------------------------------------
Note added at 2 days2 mins (2013-08-07 20:16:07 GMT)
--------------------------------------------------

I skimmed the initial question and read "EU". Sorry for the confusion. I also speak Italian and live in Italy, so I realize now that I wrote demanda in Italian (domanda).

Alimony is only for a spouse, and is not commonly awarded now in the US.

Generally in US courts, if the demanda is the initial action of a party, it's called a Petition. A Petition initiates proceedings.

So, if the demanda is for children of the marriage, and it is an initial filing, it is called a Petition for Child Support.

Once the court hears the initial Petition, the judge signs an Order for X amount to be paid, which is subsequently enforced and (hopefully) paid.

If one of the parents later wants to change the Child Support Order, then they file a Motion (or a few other possible names, depending on what that court happens to call it).

Perhaps the confusions surrounding translating a demanda is that it can be many things in the US system, and might even change names from jurisdiction to jurisdiction.

So, if you know which state the demanda is for, then that helps to name it.

In domestic/family law practice, usually the divorcing spouses have attorneys representing their interests for the initial Petition, so they Petition the Court to Order Child Support through an attorney.

Then, often, the paying spouse will become unable to continue paying the same amount of child support, so they might file a Motion to Modify Child Support.

When this happens, the filing party might not have the funds to hire an attorney (or might be pretending not to have the funds). Because of this, US states often provide instructions for the filing party to file a Motion to Amend a Child Support Order - without an attorney (pro se).

Here are some examples of pro se motions for the state of New York

http://www.nycourts.gov/forms/familycourt/pdfs/uifsa-4.pdf

This page explains how a Child Support Order can be amended in Maryland:

http://www.courts.state.md.us/family/forms/supportonlymodifi...

They say in law school that procedure is logical, but it isn't until you've learned it.

I hope that helps more than confuses.

Margaret M. Mahoney
United States
Local time: 03:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Billh: maintenance is good for UK, as in claim for maintenance, but asker specifically wants US term.
1 day59 mins
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Changes made by editors
Aug 6, 2013 - Changes made by Ruth Wöhlk:
Language pairEnglish to Spanish » Spanish to English


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