Conscious of the difficult financial situation in which many people find themselves, judges are nowadays prepared to permit somewhat surprising reductions in child maintenance and alimony provisions, previously agreed by the parents of the child or awarded by the court following divorce in Spain.
A reduction may be achieved by bringing a claim for “modification of judicial measures” in which it is alleged that there has been a substantial change in the financial situation of the non-custodial parent. If the income of this parent has reduced or if their general financial situation has worsened, it is possible to request a “modification of judicial measures”.
Relevance of the child’s age
With regards to children who are of an age to be joining the workforce ( though we should not forget that one may be obliged to make maintenance payments to other members of the family too), and where they manage to secure work, it is permissible to request a “modification of judicial measures”. In fact, a “modification of judicial measures” may be requested even if the child is still studying but not meeting their obligations as students, that is to say, that their academic performance is not favourable. The age of the person receiving the maintenance payments is not necessarily decisive at the point when considering a modification of the payments, but the economic situation and factors out of the child’s control when seeking employment.
There is even Jurisprudence from the Supreme Court that affirms the non-retroactive nature of maintenance payments such that, the fact of making a claim in court for the adjustment of maintenance payments does not remove the liability to continue making the payments. It is necessary to wait until the judge reaches a judgment before paying a reduced amount.