The Provincial Court of Bizkaia has estimated reduce alimony that a father paid for his son to go to college because his mother had started working. His situation had worsened since the divorce because he had been fired and could not find employment in his sector, while his mother, on the other hand, had started working and earned more than 1,100 euros a month. For all this, the court considers that it should go from 500 euros to paying 300 euros.
According to the ruling of July 7, 2025, the father requested a modification of the measures because, after years working in banking, he lost his job and since then had not been able to return to the same level. Part of their income came from specific income or from the use of an inheritance. The mother opposed the change, stating that the man had sold an inherited home for more than 460,000 euros and that retained economic capacity.
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The Court of First Instance and Instruction No. 2 of Getxo dismissed the claim, considering that a substantial change in circumstances had not been proven since the measures were established in the 2012 agreement. It thus maintained the pension at 500 euros per month, understanding that the father conserved resources and that a true inability to comply with his obligation had not been justified.
The new situation allows the contribution of both parents to be rebalanced
The Provincial Court of Bizkaia, for its part, partially revoked said resolution and set the new alimony at 300 euros per month, understanding that there was a substantial change in the father’s circumstances. Article 775 of the Civil Procedure Law and article 90.3 of the Civil Code, which allow the measures to be reviewed when the situation of the parents or the child changes.
In his analysis, he took into account that the father had suffered a progressive decapitalization, while the mother began to have a stable income, which allowed the contribution of both parents to be rebalanced.
He also recalled that the son is now of age, is studying with a scholarship at the public university and has his basic needs covered. According to article 93 of the Civil Code and article 10 of the Family Relations Law of the Basque Country, food must be adapted to the economic possibilities of the person providing it and the true needs of the beneficiary.
For all this, he reduced the pension to 300 euros per month, confirming the rest of the regulated agreement. However, the sentence was not final and an appeal could be filed against it.