The suspension of the obligation of maintenance payments from the parent liable to pay is possible, although it is a very limited occurrence and happens only in exceptional circumstances. Such suspension would happen only if the individual required to pay is in a situation, cited in art. 152.2 of the Civil Code, in which his/her fortune would have decreased to the point of not being able to meet them without having to disregard both their most pressing needs, and those of his/her family.
In what cases could the alimony obligation be suspended?
The precariousness and insolvency situation of the obligor parent must be fully accredited, demonstrating conclusively the lack of any type of income, by this means having no benefits, unemployment benefits, savings and no aid of any kind. In addition, it shall be proved by adduced evidence that the obligor has not sought this situation on purpose, and that their basic needs are covered by family and friends, including the residence of him or herself.
Note that in this type of situation the principle that tends to be abided is “favor filii”, which stipulates that all measures of the Settlement Agreement are adopted in order to protect the child, leaving it above the personal interests of the parents. This is why in most cases the child maintenance suspension request is revoked and a pension is granted, being considered the subsistence minimum, which currently is set at 150 € / month.
Is the suspension permanent?
No, the suspension of the obligation to pay maintenance is provisional, because once the parent obliged to pay could earn any kind of income, whichever were the origins of this; the counterpart must lodge a procedure of Measures Modification. By this process the payment of child maintenance commensurate to the new economic situation of the noncustodial parent is required.
For this and other related maintenance payments after a separation or divorce, contact DAEMI ZABALZA & ASSOCIATES, specialists in the field, so they can inform you about your situation and rights, and the best way to tackle such a sensitive issue.