Alimony: understand how the pension amount is calculated

As if the trauma of a separation wasn’t enough, many times the end of a relationship still leaves responsibilities to be fulfilled by both parties. This is what happens in the case of couples with children or financially dependent.

In order for the division of financial responsibilities to work without major crises and injustices, there are laws that protect all parties involved. The important thing is to reach an agreement so that the children’s standard of living is not radically modified at a time that is already psychologically delicate.

Alimony is an amount defined by a judge, to be paid monthly to a child or ex-spouse, to maintain their expenses not only with food, but also housing, education, health and leisure.

The pension has two main functions: to cover these expenses and to maintain the children’s standard of living, for example, avoiding changing schools or interrupting extracurricular activities such as language courses or swimming.

Payment of alimony is not linked to the debtor’s relationship with the child or the frequency of visits. Visits can continue as normal even if the pension is overdue.

Who pays?

A lot of people still think that only the father pays the alimony. In fact, this is defined by who has custody of the child. If the father is the one who has custody, the mother will also have to bear the responsibilities of the pension. In some cases where the debtor cannot pay, the liability for payment may be extended to grandparents or close relatives.

Monthly payment is mandatory and in case of refusal, the debtor can be arrested after three months of delay if he does not prove payment. The penalty is one to four years of detention in a closed regime and a fine.

Who gets?

Payment of alimony is mandatory for children under the age of 18 or disabled. This period can be extended until the age of 24 or the completion of college, if he is studying. The right can also be maintained in case of illness or incapacity of the child.

In some cases, ex-spouses are also entitled to receive alimony. Lawyer Amanda Prandino explains that “currently, the Superior Courts have understood, as a rule, that in order to verify the alimony obligation between ex-spouses, it is necessary to prove the financial dependence on the other, the life in common with the other, or else, the impossibility of one of the spouses to work and earn their own support, whether due to incapacity, illness or any other factor that convinces the Judge in this regard”.

In case of remarriage, the children continue to receive the pension, but the ex-spouse who receives it will lose the right.

How is the value calculated?

The value is calculated according to the proof of need of the person receiving and the possibilities of the paying party. There is no fixed amount, this will be defined by the judge according to the case. The expenses of the dependent and the financial situation of those who have custody will be analyzed.

The amount initially stipulated can be revised by the judge according to the needs of the parties, for more or less. The need to increase or decrease the debtor’s income must be proved. It is common to review the value when there is a financial change in the payer, such as unemployment or health problems.

Once stipulated, the amount is fixed until there is a new judgment and cannot be discounted if the debtor has more extra expenses with the child, such as a vacation trip.

The approximate average value is usually 1/3 of the payer’s income, which can be reduced depending on the financial condition of the person who has custody of the child. If the payer does not have a formal contract and it is not possible to prove his earnings, the stipulated amount is usually based on the minimum wage.

The pension can be paid in cash, normally deducted from the worker’s paycheck, or through the direct payment of bills, such as school tuition, as agreed in the process.

What is the pension intended for?

The name can confuse the purpose of using alimony. According to lawyer Amanda Prandino, “the pension is intended to meet any and all basic needs that the pensioner has or will have. In many legal agreements, for example, in addition to a certain amount of money, it is agreed that the father will also pay half of the expenses for school materials and uniforms, medicines, health insurance, in short, any other course and/or activity. that the parties agree and can pay”.

If you have specific questions, consult a lawyer to clarify your rights in your situation.