How to modify the maintenance of food

The amount that each parent must pay for maintenance is determined by their economic capacity, although the last reason why one amount is fixed and not another is to meet the needs of the child . The food allowance must be broad enough to maintain the child financially in daily expenses, as well as medical assistance, when not covered by Social Security, and the education of minors, including extracurricular expenses. In the following article we explain how to modify the food allowance .

The amount of the maintenance pension depends on the needs of the minor

The amount and types of expenses faced by each parent are fixed in the final measures included in a divorce or separation decision. To modify them it is necessary that a new sentence be dictated. It is for this reason that if one of the parents decides not to pay it, it would be in breach of a final sentence, and could be a crime. In order to modify the maintenance allowance established in a divorce or separation judgment, it is necessary to file a demand for modification of definitive measures before the court of first instance . A series of requirements must be met to justify that the variation is necessary and is not simply done in the interest of the applicant, such as proving a dismissal or lack of sufficient income. In the case that you are unemployed, you can consult the article How to modify the maintenance of food if I am unemployed.

The alimony may vary to cover the new needs of the child

The maintenance pension imposed in favor of a child may vary over time. During the growth stage, children are assuming new needs and social roles that imply an economic expense, as well as the amount of food they consume or the type of clothing they use.

This implies expenses that were previously not included in the initial maintenance allowance and that must be included for both parents to pay proportionally.

It should be noted that the food allowance can not only be revised upon registration, but a reduction in the amount to be paid can also be requested. The needs of the minor have to be covered always thinking about their interest, but also taking into account the economic capacity of the parent.

In this way, a demand for modification of measures can be filed to change or eliminate the maintenance of food provided that one of the parents has suffered a significant decrease in their income level. If the parent runs out of income, because he has lost his job or ends his unemployment benefit, he can suspend the payment of the pension, but as soon as his income improves again, he has to pay it back.

Payment of maintenance payments continues in effect until the child is financially independent

The maintenance is still paid while the child is still studying and is not financially independent. This means that if the child reaches the age of majority and continues studying, but without work or income that can support it, the parent has the obligation to continue paying the maintenance allowance that is set in the sentence. Even so, the law establishes a series of limits in this sense.

The demand for modification of the alimony can be presented to the judge for the duration of the pension.

Exceptionally, the judges grant the retroactive food pension collection, that is, one of the parents has to take care of the expenses of the child from before filing the demand to ask for it.