This is an important and little-discussed matter due to its isolation, however, when an alimony payment process is established, it must always be considered to avoid future setbacks.

An alimony process must be filed when the person who is requesting it cannot pay for their own basic needs or, when there is a child in between, and his or her father or mother is obliged to meet their needs. For this specific analysis, we are going to focus on the first scenario, which is when the individual who starts the process cannot cover their basic needs by their own means. In many cases, those who request this alimony are usually ex-spouses or even spouses who are separated.

The purpose of alimony must always be the satisfaction of one’s basic needs, as long as it is within the possibilities of the accused, without stopping to satisfy or attend to their own needs.

Whoever requests alimony, in his or her initial statement, must indicate not only the income that the defendant has but his own income and possibilities. This is extremely important to be able to establish a fair amount that meets the needs of the person applicant, and that fits within the economic possibilities of the person who is obligated to pay the alimony.

In many situations, when the pension is requested, the applicant hides his own income, to be able to demonstrate to the judge that he has the legitimacy to receive an amount of support. Also, the defendant is not always able to demonstrate that the person requesting alimony has an income that is not reported within the process, and therefore unfair amounts are set. There are even cases in which a pension is provided to a person who does not really need it.

The Alimony Law in article number 23 clearly states that “when a provisional fee is set for someone who is not the preferential obligor or it is decided a sentence that the alimony creditor is not entitled to receive it, whoever has paid the provisional feel, their representatives or heirs may request the restitution of the amount paid. The sum for the restitution will constitute an executive title and will be determined by incidental means”.

This means that, whoever was obligated to pay a provisional alimony fee under the previous circumstances, may request all the money to be returned, plus legal interest, if it is demonstrated that the applicant does not have the right to receive the alimony.

This article is of the utmost importance since the applicant could be indebted with a large sum of money, in case of having applied for a pension and not having the right to do so. For this reason, great care must be taken when studying the feasibility of interposing an alimony process.

If you require legal advice in alimony and family law, ERP Lawyers is at your disposal with a specialized team in the matter. Do not hesitate to contact us at info@erplawyers.com