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.