Doubts about which expenses are included in the Food pension They are frequent between separate or divorced parents. Given this situation, the lawyer specialized in Family Law Arsenio Martínez wanted to clarify, through his social networks, what is included in the pension, with special attention to the issue of minors’s clothes.
The lawyer has made it clear that “the clothes are included in the food pension”, and has set the case of a client who, after starting a regulatory agreement with his ex -partner, began to receive his son on weekends with clothing in poor condition and broken shoes.
The father wondered if he should assume the cost of new garments and if he could discount that food pension expense that is quite common in these procedures.
Martínez has clarified that, it is not possible to discount the money spent on food pension clothes. In his opinion, the only option for the parent is to document, for example, through videos, the collection and delivery of the minor to demonstrate a possible breach of the agreement, but always within the legal channels and without making unilateral economic compensations.
The law makes it clear what is included in the food pension
Spanish legislation is clear in this aspect, and article 142 of the Civil Code establishes that food is understood as “everything that is indispensable for livelihood, room, clothing and medical assistance” and also includes “the education and instruction of the food as it is a minor and even after when its training has not completed because it is not attributable”.
Therefore, clothing is part of the concepts covered by the food pension and must be guaranteed by the parent receiving custody.
The lawyer Silvia Calzón, explains through the ABA lawyers, that the expenses covered by the food pension “gather the characteristics of being necessary, newspapers and predictable.” This includes the daily maintenance of the child, accommodation, food, clothing, medical assistance and education, leaving out only extraordinary or unforeseen expenses, which requires being approved by both parents.