Can I reduce my maintenance because of Covid?

When should the pension be updated?

In general, you can choose between two different dates. The first alternative is to apply the update on 1 January of each year. The other option is to do so every year after the year in which the court decision establishing the maintenance obligation was issued.

Compensatory maintenance may also be updated at any time, provided that certain conditions are met. More details on this point will be provided below.

What are the criteria for updating the compensation pension?

Various factors can play a role in the calculation of the update. In general, the most relevant is the Consumer Price Index (CPI). This is an annual indicator that quantifies changes in the cost of essential goods and services for families. In other words, it is a measure of changes in the cost of living.

Other elements that can be used as a basis for updating the pension are wage increases, references to fixed incomes and changes in collective agreements.
Articles 90, 100 and 103 of the Civil Code contain the legislation that is used as a basis for pension updates.

• Article 90. Establishes that the judge may modify the measures previously established when there is a change in the circumstances of the parent.
• Article 100. Determines that, once the pension has been established and the basis for updating it defined in the divorce or separation judgment, it may not be modified for any reason whatsoever. Such changes must be motivated by significant increases or reductions in the circumstances of one or both of the former spouses.
• Article 103. This deals with the powers of the judge in the event that the parties involved do not reach an agreement. In the area of alimony, it is up to him/her to determine the degree of participation of the former spouses in the matrimonial burdens, to define the variables that will serve as a basis for applying the annual updates, and to establish the guarantees, withholdings, deposits and other precautionary measures to ensure compliance with the agreement.

Is the claim that has not been made time-barred? When?

Your ex-spouse can bring a claim for maintenance before the court if you do not modify the maintenance after twelve months have elapsed. However, the recipient can only claim updates for the last five years. After that period, the statute of limitations expires.

Can I reduce child support because of the Covid-19 coronavirus?

The widespread loss of jobs and decrease in income due to the confinement to which the contingency has forced us has caused many parents to ask this question. Simply stopping pension payments is not a valid alternative.
If you stop paying child support without notice, your ex-spouse could sue for child support, and judges have the power to force you to make up the shortfall. Paying arrears could become a heavy financial burden.

So that this does not happen, it is best to make an agreement with the other party, preferably with the help of a lawyer specialising in family law in Madrid. If both parties agree to reduce the child support, they should put it in writing in a document that states the new amount and makes it clear that both parents sign in agreement.

If it is not possible to reach an agreement, you can go to court and request a modification of the child support. However, for the reduction to be effective in court, you must be able to show that your financial situation has undergone a major and lasting change that could not have been foreseen at the time the original agreement was made.

If you receive a positive response, the principle of proportionality will apply. This means that your current financial capacity will be taken into account when setting the new pension. However, the magistrate will make sure that the amount is not below the minimum amount, i.e. the amount necessary to cover the expenses necessary for the care and support of the child. The determination of this value is left to the discretion of the judge, although it usually ranges between 100 and 150 euros.

It should be noted that the principle of proportionality also applies in the opposite direction. If the courts obtain evidence that your income has increased, they will force you to increase the amount of your pension accordingly.
Recently, the government published a legal regulation related to the adjustment to alimony during the Covid-19 emergency. We are talking about the Royal Decree-Law 16/2020 of 28 April.

In its article 3 it states that the Covid-19 health crisis is a transcendental circumstance. Therefore, it is considered a valid reason to request the adjustment of the pension of the most affected parents in economic terms. This is a temporary measure that will be available during the state of alarm, and up to three months after the end of the state of alarm. This regulation gives priority status to these applications. Under this legal framework, the body is expected to issue a ruling within a maximum of three working days.
 

Where to get advice if you need advice on how to reduce alimony?

Although it is true that you can request a modification of alimony on your own, it is much better to go to a specialist family law lawyer in Madrid. The professionals at G.Elías y Muñoz Abogados will resolve your doubts, analyse your specific circumstances and tell you what steps to take to present a proposal acceptable to your ex-partner and to the judge. Their experience in this type of cases makes them a reference in family law in Madrid.