The Superior Court of Justice of the Valencian Community has confirmed that a mother of two children has the right to collect the Minimum Living Income without a child support of 200 euros per child that she did not collect between 2019 and 2023 being counted as income. Social Security considered that she had received that money and that is why it reduced her aid, something that the mother had to claim in court.
The woman requested the Minimum Living Income in October 2020 and Social Security granted it to her in November 2021. That same day it informed her that her 2019 income rose to 5,555.38 euros and reduced her aid, because the alimony pension that the Provincial Court of Alicante established in 2014 for her two children was counted as income. In December 2021, he also withdrew the Minimum Living Income after cross-checking his data with the Treasury, as alleged in his appeal.
The mother claimed alimony in a court in Denia and, in that execution (the procedure to force payment of what a sentence establishes), there is no evidence that she received anything for that concept in those five years. That is, he did not receive alimony.
The Social Court number 1 of Benidorm agreed with him in May 2025 and declared his right to collect aid in the corresponding amount “without taking into consideration the income from uncollected alimony pensions during the years 2019 to 2023.” Social Security appealed, alleging that the mother had not denied the income that the entity itself had verified.
Money that is not collected is not income
The alimony is the money that one of the parents must spend to support the children after a separation, and for the Minimum Living Income it counts as income of the family that receives it, as happened to another mother from whom they claimed 4,324.35 euros for the alimony of her daughter. Since January 2022, the law also says that, for the family that should receive it, that pension is left out of the calculation if it has not been paid (article 20 of Law 19/2021). The court recalls that article 18 of Royal Decree-Law 20/2020, which is the one that applies to this case due to the date of the request, did not include it among the exempt income.
Even so, in a ruling of September 16 against which there was an appeal before the Supreme Court, he agreed with the mother because the Social Security argument is based on income that does not appear in what the court considered proven. And from these facts it turns out that there was no income for food, so “it cannot be considered a mere fiction that did not exist.”
The Chamber relies on a ruling from the TSJ of Catalonia from July 2024 that did count alimony as income with the 2020 rule and, furthermore, because in that case “there is no evidence that the payment had not occurred”, and on another of its own, also from July 2024, in which the court order to collect the debt was sufficient as proof that the pension was not paid.
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For all these reasons, the ruling dismisses the Social Security appeal “fully confirming” the sentence (available at this link from the Judiciary).