DO YOU WANT TO SUE FOR A REDUCTION OF ALIMONY? In our law firm Abogaley, our Abogados de Familia Viña del Mar, constantly receive questions about whether it is feasible to demand a reduction of alimony. In the following article we will discuss the requirements that must be fulfilled in order to request a reduction of the alimony.
In fact, the provider can file a claim for a reduction of alimony before the Family Court, if the following requirements are met:
Change of circumstances that were fixed at the time of fixing the current alimony, for example: the parent who is obliged to pay the alimony has lost his job, is suffering from an illness that has increased his needs, his family burdens have increased, or his monthly income has decreased substantially, etc.
On the other hand, it is feasible that the needs of the beneficiary (child) have decreased.
In effect, the facts that must be proven in this trial for the reduction of alimony are two:
1) change of circumstances that were taken into consideration at the time of fixing the alimony.
2) economic needs of the parties.
Likewise, it is necessary that the beneficiary has gone through the previous mediation process, since it is a requirement of admissibility to file the claim for the reduction of alimony. In the event that the parties have not been able to reach an agreement, the mediation will be frustrated and it will be appropriate to file the claim before the competent court.
WHICH IS THE COMPETENT COURT TO HEAR THE ALIMONY REDUCTION?
The competent family court to hear the claim for the reduction of alimony will be the court that fixed the current alimony.