Special Separation: 10 answers to the most common questions about alimony

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Special Separation

We spoke with three lawyers specializing in Family Law to clarify the main issues on the subject

Who should pay child support? 
The alimony can be paid by either the mother or the father. It is the parent’s duty not to have physical custody of the child and generally ranges from 10% to 33% of their net earnings. If he cannot afford it, the pension can be paid by the grandparents.

What are the criteria that the judge uses to decide the amount to be paid? 
The main criterion is that of necessity and possibility. Need who is pleading the amount of the pension and possibility of who will pay. That is, the value must be fixed in proportion to the gains of the debtor, but without exceeding the needs of the child. Although it is possible to reach an agreement between the parties outside the court, it has no enforcement force without the court’s approval.

Until when is the pension obligatory? 
Normally up to 18 years of age, but if the child is still a student after that, the amount must be paid until the end of the university course or vocational training course. As a rule, the pension goes to the maximum until the child reaches 25 years of age.

What happens if the debtor does not pay the pension? 

He can have his property and accounts seized and even be arrested. The penalty usually varies from 1 to 3 months of imprisonment.

What happens if the person who should pay the pension cannot afford it?

If there is already a court-ordered amount and the person cannot pay because he was fired or was in another situation where the income fell a lot, you can ask for a review of that amount. When the debtor has no income whatsoever, the judge will give him a period of time to reestablish himself financially and during that period he must prove that he is working for it, for example, looking for a job.

In shared custody cases, does any party need to pay alimony?

Yes, those who do not have the physical custody of the child must pay the pension. Sharing of legal custody presupposes a division of responsibilities, but one party must contribute financially if the child usually spends more time in a parent’s home.

If, for example, the father has children with two different women, does the pension amount paid to each child need to be equal?

Not necessarily. The amount will be adjusted taking into consideration the financial possibility of each mother.

If the salary increases, does the parent need to pass the amount to the pension? 

It depends, if the pension amount has been set in percentage, yes and it will be automatic. However if it was established in minimum wages, the child may file an action to ask for an increase in value.

If the mother or father who lives with the child finds a new partner, can the former partner request review of the amount of the pension? 

No, because it is not the obligation of the new companion to pay for food for the stepson.

If the couple separates during pregnancy, can the mother ask for a pension before the child is born
Yes, you can ask for the pregnancy foods that after childbirth become alimony.

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