A mother has managed to increase the alimony of her two children of legal age, after the Provincial Court of Tarragona Haya The increase confirmed From 50 to 150 euros per month to each. The father opposed, claiming that his children were older, economically independent and that he did not have a relationship with them, in addition to that he only charged a pension of 960 euros per month. However, justice has given the reason to its ex -wife, considering that children continue to study and cannot be maintained by themselves.
According to the April 2025 ruling, in 2023 the woman requested a modification of divorce measures, to increase the food pension. Alleged that the academic expenses of children They had increased, since the daughter had enrolled in a distance master and her son continued to study computer engineering. Both lived with her and did not have stable income. He defended that the 50 euros were initially insufficient and that “studies with minimal contributions” by the parent cannot be affected.
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The father, pensioner, with income of 960 euros per month, opposed claiming that his children had already worked, that they were of legal age and that there was no family link. Solicitous completely extinguish the pensionarguing “manifest and continuous absence of family relationship” for reasons exclusively attributable to them, in application of article 237-13.1.e) of the Civil Code of Catalonia.
Children cannot afford their studies with a minimum pension
The Court of First Instance No. 5 of Tarragona estimated entirely the mother’s demand and rejected the father’s claim raising the food pension to 150 euros per month for each child. He pointed out that “the rupture of coexistence has not occurred because something else has not been accredited,” and justified the increase stating that the children “cannot pay for their studies with minimal contributions.”
Although it charges a pension of 960 euros, it can pay 300 euros per month because it has other resources
The father appealed, but the Provincial Court of Tarragona dismissed all his arguments. He pointed out that the children do not have enough income and that the work done by both were sporadic and poorly paid. In the case of the daughter, it was found that she had worked intermittently since 2021 and that her interest in the master’s degree was recent. In the son, he recognized that he continues with his university career.
In addition, he denied that the lack of family relationship justified to extinguish the pension. He affirmed that this situation cannot only be attributed to children: “The alimony cannot be extinguished (…) when that lack of relationship is not only attributable to them, but also the father for his lack of skills to make that relationship possible.” He also recalled that, according to the report of the Technical Advice Team in the Family Field (EATAF), there was “fear for his aggressive attitude, delegitimations towards the other parent in her presence and default of pensions.”
Regarding the father’s economic situation, the audience stressed that although it receives a pension of 960 euros, it has other resources, such as a securities account with a balance of about 10,000 euros, or a house in co -ownership in which it resides. Therefore, the Chamber considered to deal with its obligation, applying the principle of proportionality provided for in the Civil Code of Catalonia.
The audience thus confirmed the increase in the food pension and the father must continue paying 150 euros per month for each child. However, the sentence was not firm and against it was possible to file a appeal before the Supreme Court.