How to modify the maintenance of food if I am unemployed
The general rule is that each of the divorced or separated parents must take care of the proportional part of the current expenses of the children resulting from their previous relationship.
The allocation of the economic contribution of each one is determined in the divorce or separation regulatory agreement approved by a judge and reflected in a sentence. But it is possible that the economic conditions of each one are affected since the sentence is dictated where the payment of the pension is established. That is why, due to substantial changes in the employment contract or the dismissal that may be suffered by any of the parties, you can request the Court of First Instance to modify the maintenance of food if you are unemployed, and we will explain how do what.
New pension, new sentence
Neither of the two parties can modify, unilaterally, any of the measures imposed by the judge, or even the alimony in favor of the children. Thus, the judge, in a new sentence, who modifies the agreements adopted previously and establishes a new amount for the maintenance of food that is paid.
The amount of the maintenance pension is adjusted to the economic capacity of the parent
The primary issue is to ensure the needs that arise to the descendant, whether recurrent or punctual. That is, both expenses related to food and clothing, as well as extracurricular or medical expenses that do not enter through the Social Security system. Thus, within the protection that must be offered to the minor for his full development, the parent must face proportional expenses, but always taking into account the level of income available to them.
Requirements to modify the maintenance of food
In order to submit a claim requesting the modification of the amount to be paid as maintenance allowance, the following requirements must be met:
- One of the parents must have undergone substantial changes in the employment contract or have suffered a dismissal . The drop in salary must be enough to affect the payment of the pension.
- Not having enough income to be able to face the expenses of child or children's support.
- The lack or decrease of income must be after the sentence that establishes the amount of the maintenance.
- The situation of unemployment or the reduction of the salary should not be a specific issue, that is, it should be prolonged over time.
- Keep in mind that the judge will only assess those situations in which the decrease in income is not due to the will of the parent, and therefore, the dismissal or reduction of salary is the fault of the employer who has hired, or well, of the decrease in business, if it is autonomous.
- File a claim with the Court of First Instance. In the application it is possible to attach a new agreement agreed with the other party stipulating an amount according to the income received at that time to meet the maintenance pension. If there is no agreement between the parties, the judge will decide, always taking into account the interest of the child, not the parent.
The request can be filed at any time
The modification of the alimony is a process that requires a lawyer. The parent can file the lawsuit to modify the amount of the maintenance pension as long as it exists. It is not necessary for the child to reach any specific age to file the claim.
We must not forget that the judge will always take into account the interest and protection of the minor, which is the weak part of the divorce process, to ensure its full social, educational and economic development.
