If you are in an unemployment situation, and you have to pay the alimony to your children, you should know that you can ask for a reduction of it.
How the alimony amount is determined?
Two main factors determine the amount of alimony:
- The first one, the needs of the minor
- The second one, the economic capacity of the parent that has to pay it
The maintenance depends on the needs of the children, and on the financial situation of the parent considering the amount that he/she can afford.
Therefore, if the economic situation of the parent has suffered a change and it has decreased, for instance, if the parent is unemployed now, a reduction of the alimony can be asked for, and the Court will establish an appropriate amount considering the new economic situation of the parent.
Can my ex-spouse and I settle an extrajudicial agreement regarding it?
The alimony is a right of the children, whose interests are specially protected in the Family Law procedures. This cause that the Judge and the Oficial Prosecutor have to interfere in a decision like this.
You can reach an agreement regarding the alimony, but it has to be agreed by the Court in a new judgement where it determines the new amount that you will have to pay.
How can I ask for a reduction?
There is a specific proceeding to ask for a change in the prior judgement. In this proceeding, you will need to prove the change in the situation and expose the circumstances that lead you to ask for the reduction.
For any questions or concerns that you can have related to this as well as we other family law issues, our team of professionals will kindly help you and find the right solution for your case.