the Alimony It is a fundamental right for minors and those who are transcendent, guaranteed by law in most countries. However, the economic conditions, work and personal of those who should pay (food debtors) or those who receive them (beneficiaries) It can change over time. In these cases, it is possible to request amendment of the alimony pension agreement, provided that there is something that justifies the need for this change properly.
Of course, it is not something that can be adjusted or extinguished by one side, but you have to follow a series of steps to adjust the alimony. In addition, it is also necessary for the aforementioned request to be established for the causes of tissue.
When can the alimony be modified?
According to Article 775 of the Civil Procedure Law, the amendment of the final measures, such as the food pension, is graded when it becomes clear Big changes In the circumstances that motivated its adoption. These differences should be:
- Big and relevant: Major changes that affect the economic ability or the needs of the parties.
- Domestic and stable: It is not considered temporary or intermittent adjustments.
- Unpredictable or unpredictableDo not deliberately cause those who ask for amendment.
For example, it can justify the loss of employment or a serious illness that affects the economic ability of the asset committed to pay the pension review.
Steps to amend the alimony agreement
The alimony modification process can begin in two ways:
- Mutual agreement: If both parents agree to the need to amend the pension, they must first write a new organizational agreement that reflects the agreed amendments, then submit the aforementioned agreement before the court that issued the original measures to agree. This alternative is more flexible and avoids unnecessary conflicts.
- Disagreement: If there is no agreement, the interested party must submit a request to amend the measures before the competent court, which provides evidence based on a major change in circumstances. After that, a judicial operation will occur, where the two parties can expose their arguments before the judge dictates a decision. This procedure can be longer and expensive due to the confrontation between the two parties.
the The necessary documents To support the amendment request, it must include evidence that clarifies new conditions. This will be an essential part of the judge to evaluate the desired amendment. In this way, it must be included:
- Unemployment certificates Or recent salaries that show income reduction.
- Medical reports In the case of illness that affects the ability of work.
- to support An additional expenses related to child, such as private educational or health needs.
On the other hand, we must keep in mind that the extinction of the pension, according to Article 152 of the Civil Code, arrives, among other reasons, when the food player is Trade can be practicedOr profession or industry, or reach the age of the majority and has its own income.
In short, the amendment of the alimony agreement in Spain requires Evidence of major changes In the circumstances of the parties. The operation can be carried out through a mutual agreement or through a lawsuit, always supported by relevant documents and under the advice of law professionals.
