The Provincial Court of Navarra has rejected the request of a mother with a monthly income of 2,423 euros, that the father, who was unemployed, without stable income and preparing for exams, pay a alimony greater than that established in the divorce. The court considers that a greater effort cannot be required from the parent who is going through a period of job instability, and that the amount that had been set was proportionate and appropriate to the real economic capacity of both.
According to the ruling of July 28, 2025, after the divorce The mother requested that the pension paid by the father be raised from 225 euros to 300 euros. To do this, he argued that his ex had worked as an interim civil servant and that, at the time of the provisional measures, he received salaries of up to 2,100 euros per month.
Furthermore, he indicated that the man had no other relevant expenses beyond having to pay 200 euros per month for a common home, and that his previous income was proof that he could contribute more money to the minor’s expenses, which he estimated at 500 euros.
The court set the pension at 225 euros after assessing the situation of both parents
The Court of First Instance No. 1 of Estella dissolved the marriage, establishing the definitive measures, among which it granted custody of the minor to the mother and that the father would have to pay a pension of 225 euros per month.
The decision was based on the fact that the father had become unemployed in June 2024 and was preparing for competitive exams, while the mother had a stable income of 2,423 euros per month. The court understood that this distribution was appropriate to the real economic capacity of each parent.
A greater financial effort cannot be demanded from the father when he goes through a period of job instability.
The mother appealed the decision before the Provincial Court of Navarra because she considered that the established pension was insufficient, but it rejected her appeal, confirming the court’s resolution.
In his ruling he cited article 145 of the Civil Code, which imposes a proportional distribution of maintenance according to the wealth of each parent, and article 146, which links the amount to the real needs of the minor.
In addition, he recalled that the Guiding Tables of the General Council of the Judiciary endorse the established amount, and that a greater effort cannot be required from the parent who is going through a stage of job instability. Faced with that, the mother had a greater economic capacity that justified a greater contribution on her part.
Therefore, the Court confirmed that the father would only have to pay the 225 euros per month initially set. However, an appeal could be filed against said ruling.