How to modify the alimony if I’m unemployed
The general rule is that each divorced or separated parents have to take care of the proportional part of the current expenses of the children from of their previous relationship.
The allocation of the economic contribution of each controller is determined by the divorce or separation agreement approved by a judge and reflected in a statement. But it is possible that the economic conditions of each be affected since it is pronounced the sentence where the payment of the pension is established. That is why, because of the substantial change in the contract of employment or dismissal that may occur to any of the parties, you can ask the Court of First Instance the modification of the alimony if you are unemployed, and here we explain how to do it.
New pension, new judgment
Neither party may modify, unilaterally, some of the measures imposed by the judge, even alimony in favor of the children. So it will be the judge, in a new ruling, which modify the agreements reached earlier and set a new amount for the alimony to be paid.
The amount of alimony is set to the economic capacity of the parent
The primary issue is to ensure the needs that arise to offspring, either recurrent or punctual nature. That is, both the cost related to food and clothing, such as after-school or medical expenses which do not enter the system of Social Security. Thus, within the protection that should be offered the child to its full development, the parent must face the proportional costs, but always taking into account the level of available income.
Requirements to modify alimony
To file a lawsuit against modification of the payable amount in respect of alimony should meet the following requirements must be fulfilled:
- One of the parents must have suffered substantial changes in the contract or have suffered a layoff. The drop in wage must be sufficient to affect the payment of the alimony.
- Not having sufficient income to cover the costs of maintenance of the child.
- The lack or reduction of income must be subsequent to the statement that establishes the amount of the alimony.
- The situation of unemployment or reduction of salary should not be a timely issue, i.e., it should be extended over time.
- Keep in mind that the judge will only assess situations where the fall in revenues is not because of the will of the parent, and that therefore the dismissal or reduction in salary is blame the employer that it has contracted, or the decrease of business, if you are self-employed.
- File a lawsuit to the Court of First Instance. On demand it is possible to attach a new agreement with the other party agreed to stipulate an amount according to the income received in that time to deal with alimony. If there is no agreement between the parties, the judge will decide, taking into account the best interests of the child, not the parent.
The application may be filed at any time
The modification of alimony is a process that requires a lawyer. The parent may file the application to modify the amount of the alimony as long as it exists. It is not necessary that any particular child reaches age to file the application.
Do not forget that the judge will resolve always taking into account the interest and protection of children, which is the weakest part of the divorce process to ensure their full social, educational and economic development.