Modification of measures

The Supreme Court (SC) has partially granted   the appeal of a father in a case of modification of measures after a divorce, mainly focused on the child support of his minor daughter and, secondly, on a change in the visitation schedule . Initially, at the court, the father requested a

reduction to 600 euros per month, claiming a significant change in his financial situation (he had gone from a gross annual salary of 85, 000 € to 68, 000 €, in addition to housing and commuting expenses), and also requested a more "concentrated" visitation schedule (from Thursday to Tuesday once a month) and a reorganization of summer vacations. The court only accepted the reduction to 600 €, and maintained kept the previous visitation schedule.

The Provincial Court, when resolving the appeal and challenge, decided otherwise on economic matters: reversed the reduction and ordered to maintain the original alimony agreed upon in the divorce, adding that this change would be applied "retroactively" that is, from the date of the first instance judgment, rendering the reduction practically ineffective.

This is where the Supreme Court intervenes, stating that when alimony is modified in the second instance, the new amount is not applied from the first judgment, but from the date of the Provincial Court judgment . Therefore, it overturns the judgment only on that point, the alimony set by the Provincial Court (the original one from the agreement) starts counting from the second instance judgment, replacing the one of 600 € since then.

However, the Supreme Court does not agree with the father neither on the change of visitation nor on the discussion about the Assessment of the test to reduce the pension since it considers that the Court reasoned its decision and that there is no "manifest" error that would allow it to be reviewed in cassation.

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