In family, divorce or separation proceedings, one of the most important issues affecting the welfare of the child is the alimony. Once it is fixed in a Judgment or in a Decree, it can be subject to modification depending on the circumstances and needs of the child.
The Civil Code of Catalonia regulates the procedures and requirements so that we can make these modifications. In this article I explain when it is possible to modify the alimony, what are the most common reasons and how I can request it.
When can I modify alimony?
Whenever there has been a substantial change in circumstances. That is to say, whenever the economic situation or the needs of the minor have changed with respect to what was agreed at the beginning. If they have changed, it is appropriate to make a revision of this pension, and consequently, a modification of measures. The same one can be of mutual agreement or not.
Most frequent reasons on the basis of which the modification is requested?
The first is on the basis that one of the parents has changed his or her income, either by an increase or a decrease. The most common example is that one of the parents has become unemployed. This means a significant decrease in income so I could apply for a reduction in alimony. However, if the parent has significantly increased his or her income, an increase in alimony can also be requested.
The second reason is due to the change in the child’s needs. Let’s think that, with time, there is always an evolution of our children’s needs since they are not always the same. Example: that the child begins his or her studies at the University. This educational change could justify an increase of the alimony.
The third reason is the change of custody between the parents. That is, there is a change in the custody and visitation regime, so that the parent who did not have custody becomes the one who has custody. In this case, we may have to increase the expenses related to child support.
How can I apply?
In this case, we must initiate legal proceedings. We will have to gather all the necessary documentation that justifies the change (tax documents, university enrollment, etc.). With this, we will draft the lawsuit and present it to the Court. We can do it by mutual agreement or not. Once the lawsuit is filed, in case it is not by mutual agreement, the Judge will decide whether or not the modification of measures proceeds or not and if he sees enough elements or reasons to approve such change.
In conclusion, we have to know that the modification of the alimony is a right that we have from the moment in which a change of circumstances occurs in a significant way in the life of our children. Each case is different and the Judge must evaluate the concurrent circumstances and make the decision of whether or not to modify the alimony.
Anna Nicolàs Torán
Lawyer and Family Law Expert
Martínez & Caballero Abogados
