How is child support calculated in case of divorce?


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The biggest problem after a divorce occurs when the spouses share responsibilities such as child custody. With the aim always to ensure the interest of the minor, the judges usually introduce the concept known as alimony or alimony. “Alimony is an economic contribution that the spouse who does not have custody of the children has to pay to meet the expenses derived from food,” explain Abel Marín and Rocío Ocaña lawyers and partners of Marín & Mateo Abogados. These experts point out that this contribution should be extended “until the children are no longer dependent”, regardless of whether they are minors or not.

The lawyers explain that the concept of alimony arises from the obligation to provide maintenance to the children. In this way, in the case of shared custody, food will be taken care of by each parent during the periods of stay with minors, they point out in Marín and Mateo Abogados. “Within the purely food concept, it includes what are currently the obligations towards children until they are economically independent, therefore, it includes: housing, clothing, studies, medical treatments, and in general all those that are considered necessary for the development of the minor “, they emphasize.

However, in cases where there is a disproportion between the parents’ income establish a certain amount of alimony to compensate for this imbalance. On the contrary, when there is no such disproportion, the payment will be 50% in charge of each one.

These shared custody, according to INE data, are increasingly frequent and have risen since 2016, when they represented 28% of divorce resolutions.

Non-shared custody

In the event that the judge decides to assign custody to one of the parents exclusively, “the other parent will be obliged to pay the amount of alimony,” explains the lawyer. Abel Marín and Rocío Ocaña point out that “there is no single criterion” for the calculation, but it is valued under the premise “of the needs of the minor and the economic possibilities of the parents.”

In this way, the lawyers add “income, number of children, place of residence and all kinds of economic circumstances that affect parents or children individually.”

Despite the absence of fixed criteria and each case is treated individually by the judge, the General Council of the Judiciary offers some guidance tables to delimit the economic amounts. In these tables it is established when a child should receive alimony, taking into account age criteria and their employment and economic situation. “Dependents are minors under 16 or those who are between 16 and 25 and do not have their own means of subsistence,” affirm from Marín and Mateo Abogados.

On the other hand, the CGPJ indicates that to calculate average household expenses, mortgage or rent and education expenses and expenses related to education are excluded. Finally, the tables indicate that, in general, pensions range between 163 and 661 euros.

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