When we talk about alimony or maintenance, we usually find it in divorce or separation proceedings in which there are minor children.
Knowing where we start from, an alimony, therefore, is that amount of money that we must give to the father or mother who has custody of our children, to contribute in everything related to food, care, upbringing, etc., of the same.
In this sense, the determination of the amount to be established for alimony is determined by the principle of proportionality. It is not a question of establishing any amount in concept of alimony, but that this amount is determined taking into account the needs of the person that we have to provide alimony (the son or the daughter), and the economic means and possibilities of the person obliged to provide it. Remember that the payment of the alimony is monthly and does not include the extra expenses of the minor.
Taking into account the above, it is important to emphasize that the alimony must cover the basic needs of the child, but always taking into account the economic possibilities of the parent obliged to pay the alimony.
Can the amount be changed at any time? Yes. It can be reduced, increased or eliminated on a case-by-case basis.
In which document is the alimony collected? In a Regulatory Agreement. In this document we also include the personal and patrimonial consequences of a separation or divorce, when this occurs by mutual agreement.
In short, in order to determine the amount of child support or maintenance, a weighting must be made between two factors. The amount established may vary depending on the circumstances of the child or the parent who has the obligation to provide it.
It is important to note that divorce or separation between two people should not affect the responsibilities of the parents with respect to their children, including the obligation to pay or determine alimony.
Anna Nicolas Toran
Lawyer Expert in Family Law
M&C Abogados
