The appearance of a new couple and the birth of new children after a divorce raises frequent doubts between parents forced to pay the food pension and also among those who receive it. Can you stop paying the food pension when you have a new child?
Lawyer Laura Lobo, an expert in family law, has clarified on her social networks that, like when the child reaches the Most age does not extinguish the payment of the food pensionthe simple fact of having a new child does not imply the extinction or automatic reduction of the food pension established by sentence or agreement.
“The fact that he has a new child does not imply a reduction in the food pension,” says the lawyer, stressing that the obligation to contribute to the sustenance of the previous children is maintained.
The modification of measures can only be given before the judge and with justification
The lawyer explains that this does not mean that the amount of the food pension that had been paid to date cannot be modified. If not, it should be done under a series of conditions.
The only way to modify the amount of the pension is to prove before the judge that the economic situation of the parent who was paying said pension has changed significantly after the birth of the new child.
“The judge must be attended to request a modification of measures and explain to what extent the economic situation has been affected by the birth of the new son,” says Lobo. In no case is it possible to reduce or stop paying the pension by unilateral or automatically.
The lawyer insists on the fact that any modification of the pension must go through the court, and never be carried out “automatically or by decision of the parents.”