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STJ Discusses Whether Parents Who Pay Alimony Can Demand Accountability. Decision May Require Responsible Parties to Show How Their Children’s Money Is Used and Change Rules in Brazil.
In May 2024, the Superior Court of Justice (STJ) began discussing one of the most delicate and controversial issues in Family Law in Brazil: the possibility of requiring those who receive alimony to account for how the money is spent. The judgment, which has not yet been concluded, may change how courts deal with transparency in alimony spending and directly affect millions of Brazilian families. The topic has divided jurists, fathers, mothers, and civil law experts for over a decade.
What Is Being Judged About Alimony Accountability
The controversy revolves around a central question: do those who pay alimony have the right to know exactly how the money is spent?
Currently, there is no law that requires automatic accountability. The guardian of the child, usually the mother, is not required to present monthly reports or receipts on how the alimony amount is used.
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However, recent judicial decisions have opened avenues for the paying parent to request formal explanations when there are signs that the money is not being used for the child’s support.
The STJ is now discussing whether this right should be recognized broadly and nationally, turning an exception into a rule.
How It Works Today
Under Brazilian legislation (articles 1.583 and 1.589 of the Civil Code), alimony payments are a duty of support, not a financial transaction subject to auditing. The judiciary assumes a principle of good faith: those who manage the funds use the money for the child’s food, housing, health, and education.
However, if the payer suspects improper use of resources—for example, if the money is diverted for personal use—they can file a lawsuit requesting accountability. This possibility has already been recognized by the STJ in specific rulings, such as in REsp 1.624.287/SP, where the court considered the father’s request legitimate after he presented evidence of diversion.
What May Change With The New Decision
The STJ is assessing whether this right to oversight should be automatic, even without prior evidence of misuse.
If the court confirms this thesis, those who pay alimony could demand accountability whenever they wish, making the process more transparent but also more contentious.
The decision will serve as a national precedent, meaning all courts in the country will have to adopt the same understanding. For experts, the judgment could redefine the balance between rights and duties in alimony payments.
Arguments For And Against
In Favor of Transparency: Proponents of the measure argue that accountability is not an act of distrust, but a gesture of care and responsibility. They argue that the alimony money belongs to the children, not to the responsible party managing it, thus there should be transparency in its use.
Family lawyer Rafael Rocha, consulted by Agência Senado, summarizes the argument: “If the money is paid to ensure the child’s well-being, there is no reason to hide how it is used. Accounting is about protecting the minor, not punishing the other parent.”
Against Mandatory Accountability: Those who oppose argue that the measure could turn alimony into a tool of surveillance and create constant conflicts between ex-couples.
According to jurist Maria Berenice Dias from IBDFAM, “accountability should be an exception, not a rule, because constant oversight undermines trust and judicializes family relationships.”
Bills On The Topic
The debate at the STJ has rekindled discussions in Congress. The Bill No. 1.460/2022, currently pending in the Chamber of Deputies, aims to make accountability for alimony mandatory.
The text proposes that the responsible party present, annually, a simple report detailing the main expenditures made with the alimony amount. Advocates of the proposal argue that this would prevent abuse and bring more balance to family relationships.
On the other hand, critics argue that bureaucratization could overwhelm the judiciary and create humiliating situations for those managing their children’s funds.
A Debate Involving Millions of Families
Data from IBGE shows that more than 5 million children and adolescents receive alimony in Brazil. Among those who pay, most are fathers with incomes between R$ 1,500 and R$ 3,000, according to Ipea.
The lack of transparency and conflicts over the use of money are currently one of the main causes of family legal disputes. If the STJ turns the right to accountability into a national rule, the impact will be immediate on actions for review, collection, and enforcement of alimony.
The judgment at the STJ may mark a turning point in how Brazilian justice handles alimony. The decision will determine whether the money paid for child support will continue to be managed based on trust or if it will become subject to legal oversight.
More than a legal issue, this is a debate about responsibility, transparency, and trust in family relationships.
Se a pensão é pra atender as necessidades da criança, nada mais natural do que o pai exigir uma prestação de contas de como está sendo gasto esse valor. Que realmente seja aprovado!!!
Deus abençoe que seja aprovado.
Vamos lá senhores do supremo tribunal de justiça.
Vamos priorizar também os direitos dos genitores.
Tem que ter prestação de contas, elas pegam 9 dinheiro, fazem unha, gasta com gasolina, compra cerveja, as vezes gasta todo o salário da criança, elas tem que ter uma responsabilidade com o dinheiro, porque quem atira com polvora alheia nao estar nem ai…eu por exemplo pago 1.500 e meu filho nao gasta 5000 por mes