Child support

In this case, a couple is divorcing and they have a common daughter . Although both parents maintain shared parental authority, the custody is granted to the mother. The real conflict is not so much the divorce, but how much money the father must contribute each month and what happens with the so-called “ extraordinary expenses ” (the expenses that do not fall within the usual day-to-day).

The first instance ruling set a child support of 1,000 euros per month (with annual adjustment) and stated that the necessary extraordinary expenses would be paid in proportion of 60% by the father and 40% by the mother. Among those necessary expenses are typical examples such as certain uncovered medical expenses, glasses, orthodontics, or educational support.

But the matter became complicated on appeal as the Provincial Court increased the support to 1,600 euros and also considered certain university expenses (studying at a private university or outside Zaragoza, with accommodation costs) as “ necessary extraordinary ", that is, as if they were mandatory for both parents.

The father appealed and the TSJ of Aragón partially upheld his claim as it returns to the pension of 1,000 euros because it considers that the increase was not sufficiently justified , and corrects the idea that private university or studying abroad (if there is an equivalent public option in the place) is automatically a "necessary" expense . In general, those expenses are considered extraordinary and not necessary, and therefore must depend on the agreement. In the event that there is no agreement, the one who decides or proposes that expense pays for it.

In situations of conflict between parents regarding child support, our professionals will know how to provide you with appropriate advice and defense of your interests and those of your children.