Various factors may intervene in the calculation of the update. In general, the most relevant is the Consumer Price Index (CPI). It is an annual indicator that quantifies the variations in the cost of essential goods and services for families. In other words, it is a measure of changes in the cost of living.
Other elements that can be used as a basis for updating the pension are salary increases, references to fixed income and changes in collective agreements.
Articles 90, 100 and 103 of the Civil Code contain the legislation that is used as the basis for pension updates.
Article 90. Establishes that the judge can modify the previously established measures when there is a change in the circumstances of the parent.
Article 100. Determines that, once the pension has been established and the bases for updating in the divorce or separation sentence have been defined, they cannot be modified for any reason. These changes must be motivated by significant increases or decreases in the circumstances of one or both former spouses.
Article 103. Deals with the powers of the judge in case the parties involved do not reach an agreement. In the area of alimony, it is up to you to determine the degree of participation of the former spouses in the matrimonial charges, to define what will be the variables that will serve as the basis for applying the annual updates, and to establish what will be the guarantees, withholdings, deposits and other precautionary measures to ensure compliance with the agreement.
Does the claim that has not been made prescribe? When?
Your ex-spouse can file a claim for alimony in court if you do not modify the alimony after twelve months have elapsed. However, the beneficiary may only require updates corresponding to the last five years . After that period, they prescribe.
Can I reduce the food pension due to the Covid-19 coronavirus?
The widespread loss of jobs and decreased income due to the confinement to which the contingency has forced us has made several parents ask themselves this question. Simply stopping paying the pension is not a valid alternative .
If you suspend payment of the alimony without prior notice, your ex-spouse could file a claim for alimony, and the judges are empowered to force you to make up the shortfall. Paying back pensions could become a heavy financial burden.
So that this does not happen to you, it is better to make an agreement with the other party ; preferably, with the help of a lawyer specialized in family law in Durham. If both agree to reduce the pension, they must state it in writing in a document that indicates the new amount and makes it clear that both parents sign accordingly.
If it is not possible to reach an agreement, you can go to Court and request a modification of alimony. Now, for the reduction to take effect in court, you must be able to show that your financial situation underwent a major and lasting change, and that it could not have been foreseen when the original agreement was established.
If you receive a positive response, the principle of proportionality will apply . This means that your current financial capacity will be taken into account to set the new pension. However, the magistrate will ensure that said amount is not below the minimum amount, that is, the amount necessary to cover essential expenses for the care and attention of the minor.
It should be noted that the principle of proportionality also applies in the opposite direction. If the courts obtain evidence that your income has increased, they will force you to increase your pension amount accordingly.
Where to get advice if you need advice to reduce the alimony?
Although it is true that you can request a modification of alimony yourself, it is much better to go to a specialist family law lawyer in Durham. The professionals at Rousse Law Project | Durham Region Legal Firm Reviews will solve your doubts, analyze your specific circumstances and indicate what are the steps to follow to present a proposal acceptable to your ex-partner and to the judge. Their experience in this type of case makes them a reference lawyer in family law in Durham.…