A divorced father with an income of more than 5,000 euros net per month saw the court significantly reduce the maintenance he pays to his two minor children. The decision was taken by the Audiencia Provincial de Navarra and was published by NoticiasTrabajo, a Spanish website specializing in legal and labor matters.
A high pension in a regime still in transition
According to the same source, in a ruling dated December 4, 2025, after the divorce, the court of first instance had established a progressive shared custody regime and established a maintenance allowance of 325 euros for each child (650 euros in total), to be paid by the father, in addition to a 70% contribution for extraordinary expenses.
The father contested the decision, arguing that the amount set did not fairly reflect the shared custody regime nor respected the principle of proportionality.
The planned custody regime will only be fully balanced from September 2026. Until then, as the mother spends more time with the children, the ruling agreed to reduce the pension from 650 to 248 euros per month.
From September 2026, with full shared custody, the value drops to 161 euros per month.
High income did not prevent revision
According to Noticias Trabajo, the elements of the process pointed to more than 5,000 euros net per month, including salary (3,150 euros), rent (1,200 euros) and gains associated with solar panels (more than 650 euros).
Even so, the father asked to reduce, or even eliminate, the obligation, also citing personal expenses such as the mortgage on a rented property and condominium fees/charges.
The court rejected the inclusion of these private property costs in the calculation, as they were not directly linked to the maintenance of the children.
Joint account for common expenses
The ruling also determined the opening of a common bank account for shared expenses (for example, school costs, extracurricular activities and meals).
In this account, the father must deposit 258 euros each month and the mother 151 euros, amounts set depending on each person’s economic capacity.
The mother has a recognized total permanent disability, which limits the possibility of working full time; Therefore, the indicated distribution was defined as 63% for the father and 37% for the mother.
Decision may still be subject to appeal
According to Noticias Trabajo, the decision is not final and can be appealed to higher courts.
And in Portugal?
In Portugal, the establishment and review of maintenance also follows the legal criterion of proportionality: maintenance must be proportionate to the needs of the child and the means of those providing it (article 2004 of the Civil Code).
In the context of divorce, the definition of child maintenance is part of the regulation of parental responsibilities (articles 1905 and 1906 of the Civil Code).
Shared custody or alternating residence do not automatically eliminate alimony.
Jurisprudence has highlighted that, in alternating residence, there may be room for a pension to be fixed (for example, due to relevant differences in the socioeconomic conditions of the parents), although it may also not happen if both bear similar expenses, according to the Court of Appeal of Porto ruling of April 28, 2025.
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