In today's article we are going to talk about alimony, and the limits of extraordinary expenses, which can be agreed between the parties.
Alimony is an obligation imposed to ensure the subsistence of a person. Said pension is agreed between the spouses, called compensatory pension, and between parents and minor children, or older children who are not financially independent, in this case called alimony. Both pensions have different legal bases so it is important to take them into account.
This obligation can be agreed upon by mutual agreement, or be imposed through a Divorce or Separation Judgment.
As we have said before, alimony pensions do not always expire when the children reach the age of majority, sometimes they are extended during their training period. The alimony not only covers the basic aspects of the minor's life, but sometimes other important expenses such as glasses or orthodontics are included.
The resolution of the Provincial Court of Barcelona 768/2018, explains the obligatory nature of the payment of the alimony and its limits regarding extraordinary expenses. In general, these are usually paid 50% by the parents, provided that there is a prior agreement of the parents on these activities, such as pointing their children to swimming or soccer.
What is relevant is that, if one parent makes an extraordinary expense without notifying the other, the latter does not have to face the payment. It is a type of express consent that takes place prior to spending.
In the Barcelona ruling we are talking about, the expenses of the private university to which one of the children had attended were discussed. The resolution understands that, given the high amount of the expense, with respect to the income of both members of the family, this cannot be understood ordinary, but extraordinary, so it must be paid outside the alimony and in equal parts between the parents . The court understands that the lack of diligence for the son to obtain the necessary grade to access the desired career in the public university, is not enough to fit private studies into the amount of alimony.
You are not alone in this situation, call us and we will help you.
Call us
