They took away his alimony because he didn’t want to work

The members of the Provincial Court in Salamanca were clear from the beginning: “Ms. Sonsoles – says the sentence -, at the age of 29, claims that a clear and obvious lack of interest in actively looking for work and working». “And although he does not have financial independence, it is only due to his carelessness and interest in finding work, because no physical or mental cause has been proven that he, at the age of 29, cannot get a job. job.” These facts, according to the judges, related to her life as a couple in Zamora for ten years (something the woman denied) since she receives a subsidy from the social services in the amount of 401.92 euros, “come to support a situation of passivity in which voluntarily set himself up in order to provide himself with a way of life”. And all this legal argument ends with the concluding lapidary sentence: “A manifesto has been added to this situation the daughter’s dissatisfaction with her father which can be attributed only to her [lo llegó a insultar y denunciar]which in itself is a sufficient reason for termination of alimony.

This story begins with the divorce of the parents of Sonsoles (the name that appears in the sentence) in 2005. Then it is determined that the father is a plasterer by profession, with a current annual salary of 7,874.46 euros, You have to spend alimony of 125 euros per month. This amount was necessary for support, housing, clothing and medical care (according to Article 142 of the Civil Code).

The court ruling reminds that courts generally understand that the non-custodial parent can allocate between 30 and 35% of their income for alimony with a minimum of 150 euros. And that, in addition, Article 155 of the Civil Code includes the obligation of children to contribute to family obligations to the extent of their abilities, “either through due dedication to learning or, if they do not want to learn, real and appropriate job search or professional training for independence. In this context, the Supreme in 2001, the court assessed that the amount of compensation must be proportionate to the wealth of the person who gives it as well as the person who receives it.

The fact is that Sonsoles, who completed his FP as a pharmaceutical and parapharmaceutical technician, also lives in Zamora — where he moved from Béjar when he was 19 — He didn’t prove he had a job, neither actively looking for a job nor continuing to improve. Moreover, he claimed at trial that on one occasion he forgot to verify his documents as a job seeker and that he lost his benefits, and he showed that he had only worked once in his life: he applied for social security on May 10. 2016 and fired the next day.

At the trial, She claimed that she does not live with a partner, but shares an apartment with her boyfriend, to whom she pays 50 euros per month for a room. “The price,” he says, “is low because we’re friends and it’s doing me a personal favor considering my employment and economic situation.” The judges don’t believe that, just as they don’t take into account the illness Sonsoles says she suffers from the separation of her parents: mixed adjustment disorder, which causes her anxiety, guilt, fear of loneliness or death and obsessive thoughts. The decision establishes that, based on the submitted documentation, he has either already recovered from the disease or is stabilized. At the trial, it was established that there is no relationship between the daughter and the father, whom she insulted on several occasions and even denounced – at the time she went to live with him – for abuse; the appeal that was filed. In short, Sonsoles was left without a pension. And not because he was of age, but because all kinds of things happened.