I am a debtor of an alimony

Has your situation changed and do you want to know how much you have to pay?

Are you being asked for amounts that you consider unfair and you are unable to pay the pension stipulated in the divorce decree?

Unfortunately, it is a relatively common situation that the alimony fixed in the divorce decree is not satisfied, either due to lack of financial capacity or will. As well, it often happens that the measures adopted in the sentence or in the regulatory agreement have become obsolete because the circumstances have changed and need a retouch.

If you need advice to know your possibilities, we encourage you to contact us.

“Modifying the alimony is possible, but it is essential to present the appropriate demand”

Marta Gil

Most often quesions asked by alimony debtors

Cases in which the modification of alimony is appropriate:

The current circumstances have led to the submition of demands for modification of this type of pension representing a very high percentage, either to request some type of downward variation or to request its termination. Generally, this type of process is usually contentious: the parties do not usually agree on this type of discounts.

Here are some assumptions in which one considers the reduction of the amount of alimony:

1.- When the parent obliged to pay the alimony receives less income:

Obviously, the demand will be conditioned to the effective fulfillment of the requirements demanded for the modification due to a decrease in income, that is, the decrease must be after the sentence in which the measures were established; it must be of a certain amount to justify the modification; it should not be isolated; the circumstances that motivate said decrease must be totally unrelated to the person liable for payment and, finally, said decrease must be duly proven.

Analyzing each case is essential to verify whether or not the lawsuit in question is worth at all.

2.- Increase in the expenses of the parent obliged to pay the pension.

This is very complex, given that this increase simply does not work in favor of reducing the pension: this must be linked to conditions that the non-custodial parent has not fostered, that the expense is inevitable and that, moreover, can be demonstrated. Hence, it is essential to analyze whether or not the situation is worthy of filing the procedure.

3.- The person obligated to pay contracts a new marriage or begins marital coexistence with a third person

This, in itself, is not a sufficient cause to modify the amount of the alimony and there are countless sentences that state that the children of the previous marriage do not have to be harmed by the new situation of their parent.

Does this mean that you cannot remake life with another partner and embark again on the adventure of having children?

Not at all, but in a sense, there is a call to responsible parenting, which implies, among other things, being able to adequately care for the offspring.

4.- Increase in the income of the parent with whom the children live.

The obligation to provide the alimony does not only correspond to the non-custodial parent, hence when the custodial parent’s income increases considerably, a modification of the alimony may be demanded. This change is based on the fact that there is a substantial variation in the conditions that favored the establishment of the pension in question.

A frequent case would be that in which the non-custodial parent accesses a job, which he did not have during the marriage. In this case, it is clear that the pension may be reduced. In addition, it will be possible to prove that the situation of the non-custodial parent has worsened, so that it becomes the ideal assumption for this type of procedure.

The duty to provide maintainance to children is enshrined in the Spanish Constitution, article 39.3, which states that: “Parents must provide assistance of all kinds to children born in or out of wedlock, during their minority of age and in others cases where legally applicable.”

The basis for such an obligation is set out in articles 110 and 154 of the Civil Code and is not subject to any condition whatsoever, which means that the answer to this question is emphatically NO .

In addition, it must be taken into account that alimony is preferential, which means, among other things, that a salary or pension can be garnished even if it is below the interprofessional minimum wage, thus avoiding the priority of credits established the Civil Code and the proportion of the amount of the embargoes.

The obligation of the parents with respect to their children does not cease when they are over 18 However, there are cases in which the suppression of alimony can be requested, provided that the provisions of article 152 of the Civil Code are respected:

  1. Due to the death of the creditor of the alimony.
  2. When the fortune of the person obliged to pay the pension has been reduced to the point of not being able to satisfy it without neglecting his own needs and those of his family.
  3. When the creditor of the alimony can exercise a trade, profession or industry, or has acquired a destiny or improved fortune, so that the alimony is not necessary for his subsistence.

    The usual thing is that the alimony stops when the son finishes his studies and enters the labor market.

    What if you don’t want to work or intend to perpetuate your studies beyond reason?

    In these situations, it will be necessary to analyze each case in particular, evaluating the circumstances and the true need of the child, but there is already jurisprudence that points to the fact that children cannot adapt to a maintained situation and that their attitude can lead to the suppression of the pension.

  4. When the creditor of the alimony, whether he is a forced heir or not, has committed any fault that leads to disinheritance.
  5. When the creditor of the alimony is a descendant of the person obliged to pay the pension, and the need for it arises from misconduct or lack of application to work, while this cause persists.

In this case, the suppression of the pension can be requested, but be careful, it is not understood to be eliminated until a judge decrees it, either in a mutually agreed procedure or in a contentious one.

Information and contact

You may contact us by:

Telephone: +34 629 747 692

Email: info@martagilabogados.com

Skype account: MartaGilAbogados

Facetime account: mgilvarela@icloud.com

Or if you prefer to address us personally, ask for an appointment and we will attend you as soon as possible at:

C / Villas Quinto, G-2

41089 Montequinto – Dos Hermanas, Seville

Monday – Friday: 10:00 a.m. to 8:30 p.m.

Saturdays and Sundays: Closed