Approach
IN today’s article we are going to talk about whether the birth of a new child can cause a modification in the child maintenance or alimony payment; previously agreed between the parties or by a judge which is normally due to divorce, separation proceedings, etc.
This situation is very common. Thus, it is usual that after the breakup of a couple with children, the parents rebuild their lives and they may have new children with their new partners.
Consequently, it is possible that the father or mother obliged to pay maintenance to the minor wants to request that this provision or compensation be reduced; as they have a new child, with its own needs for care.
Initial position
The truth is that, until recently, the answer was not at all clear . Because many courts held that the birth of a new child should not affect the obligations and the agreed child maintenance, in relation to previous children but this position has been changing.
There are already numerous judicial precedents, which confirm that it may be an acceptable cause for modification of the agreed amount to be paid.
From a legal point of view:
Several legal considerations must be taken into account:
1.- Obviously, parents have the right to rebuild their lives and consequently to have new children. This being a basic freedom of the individual.
2.-Legally, all children are equal, whether the parents are married or not, therefore, new and previous children have same right to be looked after by their mother and father.
3.-From the legal point of view, the fulfillment of the maintenance obligations agreed for the children must be guaranteed. In other words, the courts must take care that alimony is paid.
Spanish courts and tribunals
In general, it is now accepted that the birth of new children implies a change of circumstances which may therefore, lead to the modification of what has been agreed in relation to payments to minors.
Obviously, the birth of new children implies a necessary redistribution and readaptation of the economic resources of those obliged to pay for child maintenance. It is clear that the requirement to feed a new child means that more costs are incurred but this does not imply that an automatic modification in maintenance will occur.
Conclusion about child maintenance modification
he birth of a new child presumes a substantial alteration of circumstances. Consequently, it may be a reason for the reduction of alimony to be paid to other children but this need must be proven before a judge who may imposes new measures and provisions.
For this, it is necessary to take into account the economic situation of the person who must pay alimony and the circumstances of the parent, the needs of both the new child and children from a previous relationship.
If you have any query about child maintenance modification , visit our family law area and contact us.
The information provided in this article is not intended to be legal advice, it merely conveys information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel: +34 966 426 185
E-mail: info@white-baos.com
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