Child support and expenses

The Provincial Court (AP) of Navarra has confirmed the divorce measures of a couple with a minor child . The child will continue to live primarily with his mother and both parents will maintain the shared parental responsibility . The mother appealed because she wanted to change, among other things, how the trips were organized so that the child could visit his father, who lives in San Sebastián. The AP dismissed her appeal.

The father will be able to be with the minor on alternate weekends and during part of the holidays. If the child continues to train for soccer on Fridays, the father will pick him up in Pamplona when he finishes; if he stops that activity, he will be able to travel by bus to San Sebastián. For the return on Sunday, the bus is also planned. The father will bear the cost of the pickup or the outbound trip, as appropriate, and the mother will pay for the return ticket . Although it was previously planned for the father to make both transfers, the AP considers it appropriate to distribute them in the final measures and to attend to the best interest of the minor.

The amount allocated for regular expenses of the son, the father will pay 350 euros per month. The mother requested 375 euros and wanted that the extraordinary expenses be distributed in a different proportion. However, the AP maintained the distribution in equal parts because it considered the accredited economic capacity of both parents to be similar. Among those extraordinary expenses are certain medical expenses not covered by Social Security, tutoring classes, and school supplies.

The mother also requested that the alimony be paid from January 2023, when she placed the father's move to San Sebastián. The AP rejected making the payment so far back; in this case, the first determination of alimony takes effect from the filing of the lawsuit, which was filed in February 2025. According to the ruling, the New Law of Navarra does not change that criterion regarding the moment from which they must be paid.

Finally, the Court rejected the alternative requests of the mother such as a compensatory pension for 4 years or a compensation of 6,000 euros. It explained that the compensatory pension does not serve to replace the alimony claimed by the son and that the father's move, after the breakup, did not justify granting it under the requested terms. The ruling is confirmed, and no party is imposed the payment of the costs of this appeal.

In situations of conflict between parents regarding alimony, our professionals will provide you with appropriate advice and defense of your interests and those of your children.