DCC 17/2009/4

This case involved maintenance provided to children by their father following a divorce. It considered if this could be changed if situations changed and the conditions under which the mother and not the father would be required to pay the maintenance of their children.

Key Legal Questions

If judgments issued concerning alimony hold a temporary authority because it is accepted there can be change and amendments, increases or reductions because of changing circumstances and remain authoritative as long as the reasons for legal fees and conditions for the alimony have not changed.

If the requirement to claim an increase or decrease will be deemed to have incurred after the issue of the provision of alimony and shall have been at least one year in exceptional circumstances.

If a failure to attain an agreement between the parties on the amount of alimony at a certain date and the provision not to demand an increase in the future without the request for an increase or decrease exist if the circumstances under which the agreement has changed because it has a temporary authority.