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Even Without a Fixed Amount Defined by Law, Judges Follow Clear Criteria When Calculating Alimony. Understand Why R$ 400 Is Below Expected and Which Articles Guarantee Children’s Rights.
When a couple separates, the responsibility for the children remains equal for both. Still, many parents try to pay amounts for alimony that are much lower than what the Justice considers fair.
An example is someone who earns R$ 1,600 a month and decides to contribute only R$ 400 to support two children — something that raises doubts and often leads mothers to resort to the courts. After all, what does the law really say about this?
The Constitutional Duty of Parents
The basis for everything is in the Federal Constitution itself. Article 229 makes it clear that:
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Art. 229. Parents have the duty to assist, raise, and educate their minor children, and adult children have the duty to help and support their parents in old age, need, or illness.
This means that financial responsibility is not optional. Even after the end of the relationship, the father is legally obligated to ensure food, education, health, clothing, and other basic needs of the child.
How Justice Calculates the Amount
Contrary to what many believe, there is no fixed table in the law defining how much should be paid in alimony. The Civil Code, in Article 1,694, establishes that:
“Relatives, spouses, or partners may request from one another the support they need to live in accordance with their social condition, including to meet their educational needs.”
And Article 1,695 complements:
“Support is owed when the applicant does not have sufficient assets (…) and the person from whom it is requested can provide it without depriving themselves of what is necessary for their own sustenance.”
In other words, the judge considers two criteria: the child’s needs and the payer’s ability — a principle known as the need-ability binomial.
In practice, most court decisions set the amount between 20% and 30% of the payer’s net income. For someone earning R$ 1,600, the ideal amount ranges from R$ 480 to R$ 640 in total for two children — well above the R$ 400 proposed in the example.
And If the Father Is Unemployed?
Lack of employment does not exempt anyone from the obligation. Article 1,696 of the Civil Code reinforces that:
“The right to receive alimony is reciprocal between parents and children (…).”
Even without formal income, judges often set alimony based on a percentage of the minimum wage. Today, this amount is around 30% of the minimum wage per child, which would amount to about R$ 600 to R$ 700 for two children.
Extra Costs Should Also Be Shared
Alimony does not cover just food. The Child and Adolescent Statute (ECA), in Article 4, determines that:
“It is the family’s duty (…) to ensure, with absolute priority, rights related to life, health, food, education, and dignity.”
Therefore, additional expenses — such as medications, dental care, uniforms, and school supplies — can also be equally divided between the parents, as long as they are provided for in the agreement or ruling.
What to Do If the Amount Is Unjust
If the amount paid is very low, the mother can file a petition for establishment or revision of alimony. Article 1,699 of the Civil Code authorizes this change:
“If, once the alimony is set, there is a change in the financial situation of the provider (…), the interested party may petition the judge (…) for the reduction or increase of the burden.”
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