When a couple with children divorces, certain doubts arise around the food pension that one of the parents passes to the other to cover their needs. These appear especially when time after, such as when parentor who pays has a new child or the one who is receiving him remake his life. Does this imply that the amount of the pension should change?
The lawyer specialized in family law, Arsenio Martínez, has clarified in a video in the social networks of ‘millennials lawyers’, which the fact that the ex -partner marries again does not affect at all the obligation to pay the food pension for the children.
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The expert responded to the consultation of a user who explained that he paid 200 euros of pension and wondered if he should stop doing it after his ex -wife’s new marriage. The answer has been blunt: “I return to you, is that your wife, although she has married, your child stops dressing, eating, studying, breathing and living, no. The answer is no.”
The pension does not have the ex -partner, but the minor
The lawyer insists that removing life with another person is not a legal reason to stop paying the alimony. “You cannot extinguish the food pension because your wife has rebuilt her life and married another person,” he emphasizes.
Martínez recalls that the pension does not have the ex -partner, but the child, is about guaranteeing its support and well -being in all basic aspects. Therefore, the fact that the mother forms a new couple or marriage does not change the obligations of the parent who must pay.
When a food pension can be extinguished
The Civil Code includes in its articles 150 and 152 the causes that allow a parent to stop paying the food pension to his child and that are the following:
- Death of the parent who pays it.
- Death of the son who receives the pension.
- When the parent’s economic situation is reduced in such a way that if he continues to pay such pension or can cover his own needs or those of his family if he had it.
- When children work and can be economically independent.
- When the children commit some of the faults that give rise to disinheritance.
- When the child needs money for misconduct or not applying at work.