Overview

• The First Chamber’s unanimous July 10 ruling now serves as binding jurisprudence directing federal judges to apply its embargo criteria in child support cases.
• Embargoes may proceed only against account holders who are unemployed and lack other resources, and any voluntary Afore contributions must be seized before tapping mandatory retirement funds.
• Seizure amounts are capped at the lesser of 65 days’ basic salary from the past five years or 10% of the subaccount balance.
• The court left Article 79 intact, employing a narrow interpretive exception rather than declaring the provision unconstitutional.
• Housing subaccounts managed by Infonavit and Fovissste remain fully protected, and the Asociación Mexicana de Afores has endorsed the ruling as balancing child welfare with retirement security.