Child support

In this case, the Supreme Court (SC) resolves a very practical doubt in family lawsuits such as when a child support for children is increased in the second instance (appeal), from what date should that increase be paid? The SC's answer is clear, the increase is not collected from the date the claim was filed, but from the judgment that orders the increase, that of the Provincial Court (PC).

This situation arose when a mother filed a claim for parental responsibility measures and requested, among other things, that the father pay a high child support for each child. In the first instance, the court awarded custody to the mother and set a monthly child support of €200 per child, as well as regulating visits and holidays , and distribute certain extraordinary expenses.

The mother appealed and the CA, among other issues, increased the alimony to €400 per child per month. But it did something else, it said that this "final" amount should have retroactive effects from the filing date of the lawsuit , deducting what had already been paid through provisional measures.

The father appealed to the SC and here comes the important part, the SC corrects the CA . According to its doctrine, the rule is different depending on the moment.

What is established for the first time, the initial alimony , can indeed be accrued from the lawsuit.

But if only the amount is changed on appeal , whether increased or decreased, that new amount applies from the appeal judgment , not before.

So the TS estimates the appeal at that point and establishes that, what the court said (€200 per child), is paid from the claim, from the lawsuit avoiding duplicate payments by deducting what was paid under the interim measures. the AP pays what it increased (€400 per child), avoiding duplicate payments by deducting the amount paid pursuant to the interim measures.

In situations of conflict between parents regarding child support, our professionals will provide you with appropriate advice and defense of your interests and those of your children.