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Father with Income of R$ 900 Successfully Reduces Alimony After TJ-SP Decision. Judge Claimed That the Food Obligation Must Respect Financial Balance and Cannot Lead the Debtor to Destitution.
In April 2024, a case judged by the São Paulo Court of Justice (TJ-SP) drew attention for representing one of the most realistic decisions on alimony in recent years. A father, who earned about R$ 900 per month, successfully obtained the right to reduce the amount of alimony paid to his daughter in court, after the judge understood that the previously set amount jeopardized the worker’s own survival. The case was reported by the advocaciareis portal – APPEAL GRANTED. (TJ-SP, Instrument Appeal No. 2205216-36.2014.8.26.0000).
The case rekindled an important debate in Family Law: to what extent can alimony compromise the income of the payer?
The Case: Father Earned Less Than a Net Minimum Wage
The process was initiated by a self-employed worker who, after losing his formal job, started earning a variable monthly income of approximately R$ 900. Nevertheless, he was still required to pay almost half of his earnings as alimony, which left him unable to support himself.
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The man argued in court that the amount set earlier, when he had an employment bond, became unfeasible after the change in his financial condition.
According to the defense, he even stopped paying basic bills, such as rent and electricity, to avoid falling behind on alimony.
The Decision: Balance Between Need and Ability
The judge responsible for analyzing the case partially granted the request and reduced the alimony amount to 30% of monthly earnings, recognizing that the food obligation must respect the principle of proportionality between need and ability.
In his decision, the magistrate highlighted that the alimony serves to ensure the sustenance of the children, but cannot lead the provider to destitution.
The ruling echoed the understanding consolidated by the Superior Court of Justice (STJ), which has already decided that “the food obligation must be set based on the real financial capacity of the debtor and the actual needs of the beneficiary.”
The judge also noted that the father had been fulfilling his obligations regularly, even in the face of difficulties, which reinforced good faith and the absence of intent to evade familial duty.
When Is It Possible to Request a Review of Alimony
Cases like this are not uncommon. According to the Civil Code and Law No. 5,478/1968, it is possible to request a review of the alimony whenever there is a significant change in the financial condition of the payer or the payee.
Common situations that allow for a revision:
- Loss of employment or salary reduction;
- Illness or work incapacity;
- Proven increase in medical or family expenses;
- Economic improvement of the other party (such as remarriage, steady employment, or extra income).
The request must be made judicially, accompanied by evidence such as pay stubs, tax returns, or bank statements.
Alimony Is Not Wealth Accumulation
The decision also reinforces a principle increasingly discussed in the courts: alimony cannot be used to accumulate wealth or generate profit. It must meet the basic needs for sustenance, education, health, and leisure of the children.
According to the judge in the case, “alimony is a duty of family solidarity, not a tool for one party’s enrichment.”
This understanding aligns with other recent rulings, such as the case in which a mother was ordered to account for the use of alimony after it was proven that she was investing her daughters’ money in financial applications — a decision that also made headlines in the national press in 2025.
Social and Legal Impact
The decision of TJ-SP reflects a growing trend in Brazilian justice: seeking balance in family relations and avoiding distortions in the alimony system.
Specialized lawyers claim that, in recent years, there has been an increase in requests for revisions, especially among self-employed and informal workers, whose income varies from month to month.
According to family lawyer Rodrigo Reis, “the court has understood that alimony must be fair to both sides, as a father driven to destitution also loses the ability to support the child in the long term.”
The case of the São Paulo father who earned only R$ 900 and managed to reduce alimony shows that the Brazilian judiciary is starting to recognize the real impact of income inequality on the application of Family Law.
More than a financial issue, it is about ensuring the balance between the duty to support the children and the right of the payer to maintain a minimally decent life.
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