The alimony is established in the divorce, separation or procedure of measures regarding children sentence and in case of being agreed by both spouses, in the regulatory agreement.
When setting this type of pension, the current circumstances of the custodial parent, those of the non-custodial and the needs of the children are taken into account. The legal framework is the Spanisch Civil Code, articles 146 and 147:
“The amount of the support shall be proportional to the estate or resources of the person who provides it and the needs of the person receiving it.”
“Support, in the cases mentioned in the preceding articles, shall be proportionally reduced or increased according to the increase or reduction in the needs of the recipient of support and the wealth of the person obliged to satisfy it.”
Therefore and combining the above, it could be said that the action to file a modification demand requesting an increase in the amount of alimony of the children can be based on these three possibilities: decrease in income of the custodial parent; increase in income of the person obliged to pay the pension and greater needs of the children.
Obviously, these assumptions must be demonstrated to the court that ruled the matter in the first instance and it must be proven that indeed, there is a substantial variation in the circumstances that in its day motivated the establishment of the pension.
Like all family proceedings, a contentious or mutually agreed lawsuit can be initiated. And in any case, during the processing of the procedure, it can be redirected to one by mutual agreement.