A Spanish mother with a monthly income of 2,423 euros asked the court for the father of her minor daughter to increase the child support he already paid. When the measures were defined during the divorce process, the father was unemployed, without stable income and preparing objections, and a pension of 225 euros per month was initially set.
Mother’s arguments
According to the judgment of July 28, 2025, the mother subsequently requested an increase to 300 euros, claiming that the father had worked as an interim employee and that, in previous moments, he had earned up to 2,100 euros per month.
The mother considered that the pension did not adequately cover her daughter’s needs, estimated at around 500 euros, according to the Spanish digital newspaper, Noticias Trabajo.
Court assessment
The Court of First Instance No. 1 of Estella assessed the situation of both parents, considering that the mother had a stable income while the father was going through a phase of job instability.
The Provincial Hearing of Navarra recalled that articles 145 and 146 of the Spanish Civil Code determine that the pension must be proportional to the income of each parent and appropriate to the needs of the minor, and that the Guidance Tables of the General Council of the Judiciary support the value initially set.
Result and appeal
According to , in the end, the court decided to maintain the pension of 225 euros per month, considering the economic situation of both parents and the needs of the minor. The decision took into account the stability of the mother’s income and the father’s phase of job instability.
Even so, there is the possibility of a marriage appeal, so the sentence may be reviewed in the future. This process keeps the attention on pension cases where one parent faces temporary financial difficulties.
Similar cases in Portugal
In Portugal, there are similar cases in which courts apply the principle of proportionality provided for in articles 2008 and following of the Civil Code.
The pension is adjusted to the income of each parent and the needs of the minor, and when a parent is unemployed or has unstable income, the obligation tends to be set in such a way as not to compromise their subsistence, following criteria comparable to those used by the Spanish court.
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