Alimony Calculation

What is alimony?

Alimony or maintenance is defined as the economic contribution that a family member must give to his or her relatives who are in a state of need. Most commonly, this term is used to refer to the monthly economic amount that the children of separated or divorced parents receive. It is the non-custodial parent who is responsible for paying it.

This type of alimony is regulated in article 142 of the Civil Code and, despite its name, it does not only refer to the child's food. Also any other that has to do with his sustenance. We speak, concretely, of his education and instruction, of his clothing or of the housing. Even, if it has not yet been born at the time of the separation or divorce, of the expenses derived from the pregnancy and the childbirth.

Alimony: ordinary and extraordinary expenses

The amount of the alimony, as well as everything it includes, is clearly specified in the separation or divorce agreement. This could be determined by agreement between the spouses or by court decision.

In general, the alimony paid monthly only includes those expenses that can be called "foreseeable and periodic". That is to say, the ordinary ones. We refer to:

• Housing supplies such as, for example, water, electricity or gas.
• The child's clothing and footwear.
• Toiletries and personal hygiene items.
• Food consumed by the child.
• Medical expenses covered or not by the public health system.
• Educational expenses such as, for example, school or high school tuition, AMPA fees, school supplies, textbooks, etc.
• Any other ordinary entertainment expenses..

The custodial spouse cannot request more money from the non-custodial spouse for any of these concepts since they are considered as paid within the pension. The ones he/she can demand are those considered "unforeseeable and eventual" which are extraordinary in nature.

For example, imagine a child who needs orthodontics or a change of glasses because the prescription has increased. The custodial spouse is entitled to ask his or her ex-partner to pay 50% of these expenses.

Many times there are disputes in this regard as one spouse may consider an extraordinary expense as necessary and the other not. If there is no agreement and it is not specified in the separation or divorce agreement, it must be determined by a judge.

How is the calculation of alimony made?

Generally, the number of children of the couple, the place of residence of the child and the type of custody applicable are taken into account. Please note that a shared custody regime is not the same as one in which the responsibility falls exclusively on the father or mother.

In addition, it is also considered which of the two ex-spouses has a higher level of income, as well as the basic and special needs of the children. For example, a child with some type of disability generates higher expenses and implies that the one who has custody should dedicate more time to the child.

On the other hand, the amount of the pension is updated every year according to the CPI and is subject to modification in case of an important change in the family circumstances. It should also be noted that the special nature of this type of pension means that it enjoys special protection. Therefore, it does not depend on the indebtedness capacity of the person who has the obligation to pay it and it cannot be stopped because of an economic slump.

When does the obligation to pay child support cease?

Many people think that when the child reaches the age of majority (18 years of age), the obligation to pay alimony ceases. However, they are wrong. This obligation does not disappear until the regulatory agreement or a judge so determines.

It is common to agree on the obligatory nature of the payment of alimony until the child in common concludes his studies, obtains a certain level of income or becomes independent. Another frequent alternative is to fix the fulfillment of a certain age (26 years, for example) if none of the specified circumstances has been given before. In no case is it indefinite.