THE TIME OF FAMILY COEXISTENCE IN THE CALCULATION OF CHILD SUPPORT: AN ANALYSIS OF THE TRILOGY OF NEED, POSSIBILITY, AND PROPORTIONALITY IN LIGHT OF THE BEST INTERESTS OF THE CHILD AND GENDER EQUALITY

Abstract

This article analyzes the child's family time with parents in light of the best interest principle and gender equality, with an emphasis on applying the triad of need-possibility-proportionality in setting child support, especially considering the division of parenting time. The research adopts a qualitative approach, through doctrinal, legislative, and jurisprudential review, to demonstrate that both financial support and family life must be equally shared between parents, as provided by the Federal Constitution, the Civil Code, and the Statute of the Child and Adolescent. The analysis shows that the amount of time a parent spends with the child must be considered when determining the amount of child support, in order to avoid a disproportionate financial burden on only one parent, usually the mother, thus promoting effective parental equality and comprehensive protection of the child. Applying the triad proves essential to ensure balance, reasonableness, and fairness in the division of parental responsibilities, respecting the actual economic conditions of the parties and the fundamental rights of the children.