Carlos Baos: Cancelling child maintenance

Carlos Baos: Cancelling child maintenance. Credit: Shutterstock

In today’s article, we discuss one of the most frequently asked questions we receive in our office. Is it possible to stop child maintenance? Under what circumstances can it be cancelled? We answer this question with the help of a judgement won by our firm on this matter.

The Settlement Agreement, also known as “Convenio Regulador” is one of the most important effects of separation or divorce. This document is responsible for regulating the most important aspects, rights, obligations, etc… of the parties. Custody of the pets, visitation regime, use of the habitual residence and naturally, child maintenance. According to the law, the alimony will last until the children become financially independent. In other words, it is not linked to the child reaching the legal age. However, not all cases are the same. This is a matter that requires a detailed study of the concrete and specific circumstances of each case.

Does the law allow the arrangements made in the settlement agreement to be modified? Yes. However (Art. 91 Spanish Civil Code) it will be necessary to prove that the circumstances that led to those agreements have significantly changed. It is also necessary to prove the following points:

  1. The changes are posterior to the divorce or separation.
  2. They are permanent, and not merely temporary.
  3. They are not caused by the applicant but have arisen unexpectedly.

This is the case of a judgment won by our firm. A couple of divorces. Custody is given to the mother. The child stays with her. Based on articles 93 and 142 CC, alimony of €360 per month is agreed to support the child. It is stipulated that the maintenance will continue after the child reaches the legal age if he continues with his studies. However, after reaching 18 years old, the child becomes economically independent, leaves his education, finds a stable job, and moves into a house on his own. All these elements are dully proved during the trial. In this context, the judge declares that the circumstances that led to the child support of 360€ have completely changed. For this reason, the court ruling decides to stop child maintenance.

If the circumstances that led to you being liable to pay a maintenance allowance have changed substantially, do not hesitate to contact us. For expert legal advice about this, contact our law firm, and visit our website: https://www.white-baos.com

The information provided in this article is not intended to be legal advice, it simply transmits information related to legal issues.

You may be interested in the following articles/services:

Could divorce maintenance or alimony to an ex-spouse be modified?

The possibility of requesting the child maintenance modification to be paid to a minor. Due to the birth of a new child.

Spanish Family Law: Petition of modification of custody due to a breach of the visitation regime agreed in a divorce.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: [email protected]

White & Baos 2022 – All Rights Reserved.


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