Legal Effects Of Alimony
Alimony is the legal obligation that a person has to ensure the subsistence of another. In the case of alimony determined after a separation or divorce, it is the obligation of each spouse to the other spouse or to the children.
The total amount and the form of payment of the pension can be defined by mutual agreement or imposed by judgment. Next, we will see some elements to learn more about the legal effects of alimony.
What is alimony?
Alimony, despite its name, does not exclusively concern food. It includes everything that is essential for sustenance: food, accommodation, clothing, medical care, leisure, etc. It also covers the education and instruction of children when they are minors, and even afterwards, while they have not completed their training.
Among the essential expenses for subsistence are also ordinary and periodic expenses , such as nurseries, school canteens, textbooks or uniforms. As for extraordinary expenses, since these are impossible to quantify in advance, they must be evaluated in each case.
The obligation of parents to feed their children
As established in articles 110 and 111 of the Civil Code, parents have the obligation to feed their children in all circumstances, even when they have been deprived of parental authority.
In case of separation or divorce of the parents, the judge will determine the contribution of each parent to satisfy the maintenance, and will adopt the appropriate measures to ensure the effectiveness and the accommodation of the benefits to the economic circumstances and needs of the children at all times. .
Up to what age must alimony be paid for a child?
This is an aspect that is not always clear in the law. In the case of non-emancipated minor children, there is no ambiguity and, in fact, the legal treatment is different.
Indeed, the duty of parents with minor children is inherent to the same filiation and unavoidable. The duty to watch over them, have them in your company, feed them, educate them and provide them with comprehensive training prevails.
In the case of children of legal age, the law generally establishes that the payment of alimony by the parents is mandatory until they are financially independent. However, it is not always easy to determine when this occurs.
The fact that the children have entered the labor market and receive regular remuneration that is close to the minimum wage has been considered as an objective indicator for ending the pension .
How this pension is determined
The amount of alimony is determined mainly based on two situations: the income of the parent and the needs of the child. In the event that there is no agreement between the parents, the judge will determine the amount and the form of payment.
The parent in question may satisfy the obligation to provide maintenance by paying the amount agreed or defined by judgment, or by receiving and keeping the child in their own home.
Can alimony be modified?
When the economic or personal circumstances of one of the spouses have changed substantially, the measures adopted at the time of the sentence regarding the obligation of alimony may be modified. For this, it will be necessary to make a new agreement or resolve it in a judicial way.
In this way, the amount that had been determined by the judge could be increased or decreased according to the needs of the child and the resources of the parent in question.
What happens if the maintenance obligation is not met?
When there is a breach of the sentence, whether in terms of visits, pension payment or any other aspect that has to do with the care of children, it must be reported to the competent judicial body. This, in turn, will adopt the legal measures necessary for the obligation to be fulfilled.
It is advisable to always try to solve things out of court. Whenever possible, an agreement between the parents is undoubtedly the best option for the children and for the parents.
