In a Cali case, a mother used the lifting of banking secrecy to prove her daughter's father was hiding income to evade child support. This legal tool revealed true financial movements, enabling a fair contribution. Lawyer Ángela María Caicedo emphasizes how it safeguards minors' rights.
Antonia, a mother in Colombia, struggled to secure child support for her daughter with Eduardo, a high-level engineer known for his luxurious lifestyle including trips and high-end cars. After the breakup, Eduardo paid irregularly, only when it suited him. Without prior formalization through a conciliation hearing or court ruling, Antonia was left unprotected.
When she attempted to summon Eduardo to conciliation, he quit his job, transferred assets to third parties, and feigned financial hardship, though he continued lavish spending. Seeking legal help, Antonia and her lawyer, Ángela María Caicedo, requested the judge to lift banking secrecy, a measure allowing access to financial information when protecting fundamental rights like children's nutrition.
Under Article 15 of the Colombian Constitution, banking secrecy safeguards financial privacy, but it is not absolute. Jurisprudence supports it in such cases: Ruling C-397 of 1998 allows limitation for fundamental rights; C-851 of 2005, to ensure dignified life and child nutrition; and T-440 of 2003, under necessity and proportionality principles. It requires a motivated court order, with evidence of concealment such as bank movements, undeclared income, or suspicious transfers.
The process revealed Eduardo had sufficient resources, dismantling his pretense. Thus, it ensured the daughter's economic stability. Caicedo states: “Lifting banking secrecy uncovered the father's hidden income and changed everything.” This case shows how the law counters evasion tactics, prioritizing children's rights over financial reserves.
The lawyer urges mothers and fathers to formalize support via conciliation and use this tool if deception is suspected, contacting her at (316) 2124646 for assistance.