Until when do I have to pay alimony to my children?
It is a conflictive situation and one must try to avoid the least damage to the child. It is a matter of an agreement between the parents.
When a couple divorces there are many issues that they have to specify, such as how to distribute their assets (if there was no separation of them) or custody of the children . In the case of having had children, everything that concerns them is the most important part of the separation process , from ensuring that they suffer as little as possible with the change in the family to guaranteeing that they will not have needs in the future.
The latter means that the children will live with one of their parents – in Spain in the vast majority of cases it is usually with the mother – but the other will leave the house and must pay an amount every month to supply their food. , education and first necessities . This is what is known as alimony and the reason for strong arguments between the father and the mother during the divorce, even after it.
To begin with, in the event that the marriage was made in a community property regime, the house (main, in case of having more than one) is for the father who is going to keep custody of the children, which in most cases In some cases it is the mother – sometimes when they are teenagers they can decide which father to live with. The other will be the one who has to pay alimony to guarantee his maintenance. The specific amount depends on various factors such as the costs of raising the children and the parent’s own salary.
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HOW TO CALCULATE ALIMONY?
In the event that the divorce is by mutual agreement, the two parents must determine the amount of money that will be established as alimony. In the event that the separation has ended before a judge, this will be the one who determines the amount corresponding to maintenance.
To do this, it will take into account the expenses derived from raising the family’s children: the house’s own rent / mortgage, school , food, transportation , clothing, extracurricular classes , etc. The fair thing is that this expense is paid equally between the two parents , although the amount can be reduced or increased depending on how much the non-custodial parent earns.
We already commented previously that the one who does not keep the children is the one who renounces the family home, so the judge also takes into account that the alimony imposed on him must be acceptable with his conventional expenses (his own maintenance , the expenses derived from another house, …). It also usually takes into account if your ex-partner has a higher salary and can take care of the raising of their children alone for his work. But this will not exempt you from paying alimony, although it can be symbolic .
Alimony is paid every month and one is established for each child . Even the amounts may be different between siblings because one has more expenses (for example, finding themselves studying higher education than their siblings and involving a greater expense). Both children and parents can request a review of the pension , something that usually happens as they grow older. The expenses they have as teenagers are usually higher than those of younger children.
Sometimes a spouse may have to pay alimony also to his ex-partner if he shows that he has no income and that he is financially dependent on his former partner. This normally also occurs in the case of the mother, since it is common for the woman to quit a job outside the home. In any case, it must be the judge who determines what pension to pay and how much it is.
UNTIL WHEN TO PAY ALIMONY?
According to the law, parents have to take charge of the maintenance of their children until they are no longer adolescents and have reached the age of majority. This means that after a divorce, the non-custodial person will have to pay alimony until their children reach 18 years of age .
To this is added the fact that once they have passed that age they must continue to do so if young people continue to study or do not have an economic independence that allows them to live without the support of their parents. This actually means that alimony continues to be paid until the child has a job and is able to earn his or her own money or becomes independent from home. Sporadic jobs or getting a job during vacations are not taken into account, since it is understood that this money is not enough to support themselves.
Is there a deadline to stop paying alimony to the youth ? In fact , no age has been determined at which a father can stop paying his child’s pension while he meets the requirement of not being financially independent . Due to the fact that more and more young people enter the labor market and leave the family home, there are numerous disputes between children and parents who seek to terminate the pension since young people have reached their thirties.
WHAT HAPPENS IF THE PENSION IS NOT PASSED?
In practically any divorce it is a judge who determines that the father who no longer lives at home has to pass alimony to his children and in the event of an amicable separation the agreement is registered. Failure to comply with it, in any of the cases, you can resort to the judicial process to demand the payment of the maintenance money from the parent.
The father can stop paying these living expenses once the judge determines it and it is shown that the child is financially independent . In any case, the parent cannot decide to rescind this payment unilaterally , although they can reach an agreement with their children, or with their ex-partner in the event that the children were minors.
CLAIMS, A THORNY ISSUE
The payment of the pension is an obligation of the father who no longer lives at home while the other has the obligation to allow the visits agreed by the judge to be carried out. Both issues are usually the reason for anger between the ex-spouses and that can be aggravated when the children become adolescents and do not want to meet the visits.
The fact that they do not do it or intend to stop doing it is not a reason for the father to stop paying alimony for his children. Where appropriate, what you must do is go to court to report that the established regime is not being complied with and that the judge is the one who claims it from the ex-partner, who is responsible for its compliance.
Dr. Tabriella Perivolaris, Sara's mother and fan of fashion, beauty, motherhood, among others, about the female universe. Since 2018 she has been working as a copywriter, always bringing to her articles a little of her experience and experience as a mother and woman.