The issue of alimony in the context of shared custody was once again in the spotlight following a court decision that significantly reduced the monthly amount payable by a divorced father, following a change in the child custody regime. The case, decided in Spain, raises questions that also frequently arise in Portugal.
In this case, the Audiencia Provincial de Navarra partially considered the appeal presented by a father who considered the amount of maintenance fixed after the divorce to be excessive, taking into account that the implementation of a progressive shared custody regime was underway.
In the decision, dated December 4 last year, the court reviewed the monthly pension initially set at 325 euros per child, for a total of 650 euros. The amount was reduced to 248 euros per month until September this year, during which the mother will continue to spend more time with the children. From that date, when shared custody becomes full, the pension will be reduced again, dropping to 161.86 euros per month, according to Spanish digital newspaper Noticias Trabajo.
High income, but without eliminating the obligation
The father claimed that his income had been overestimated and that the pension did not respect the principle of proportionality. However, the documents attached to the process showed that he earned more than 5,000 euros net per month, including his salary, rental income and gains associated with the production of solar energy.
Despite this, the court considered the initially fixed pension excessive, but rejected the request for total elimination of the obligation.
The possibility of deducting property expenses, such as the mortgage on a second rented property or condominium fees, was also ruled out, as they are private investments with no direct connection to the support of children.
Joint account for children’s expenses
The decision also determined the opening of a joint bank account, intended to support the minors’ current expenses, such as school, extracurricular activities, meals and other shared costs. The father will be responsible for a monthly contribution of 258.14 euros and the mother for 151.44 euros, amounts adjusted to the economic capacity of each person, according to the source previously mentioned. The father is also responsible for paying 70% of extraordinary expenses.
The court also took into account the professional situation of the mother, who has a recognized total permanent disability, limiting her ability to work full time. Thus, it was decided that the mother will bear 37% of common expenses, with the father bearing the remaining 63%.
Principle of proportionality as a central criterion
In its reasoning, the decision emphasizes that each parent’s contribution must take into account not only income, but also the actual time spent living with the children. As custody becomes more balanced, the need for a high pension tends to decrease, without this meaning the elimination of parental responsibility.
The sentence has not become final, and it is still possible to file an appeal with the Supreme Court or the Superior Court of Justice of Navarra, according to the .
Legal framework in Portugal
In Portugal, similar situations are regulated by the Civil Code, in particular by articles 1878 et seq., which enshrine the duty to support children, and by article 1906, which establishes that alimony must be fixed according to the needs of the minors and the economic possibilities of the parents.
Even in a shared custody regime, Portuguese law allows the establishment of alimony whenever there is an imbalance of income between the parents, applying the principle of proportionality. The courts have been adjusting the values whenever relevant changes occur, such as changes in the residence regime, income or work capacity of each parent.
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