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STJ Rules in April 2025 That Mother Can Access Father’s Actual Salary for Pension Calculation, Preventing Income Concealment and Asset Fraud.
In April 2025, the 3rd Panel of the Superior Court of Justice (STJ) established an understanding that promises to impact thousands of child support cases in Brazil. The court decided that, in child support actions, it is possible to determine the break of the financial and banking secrecy of the aliment provider — usually the father — whenever there are indications of income concealment or attempts to artificially reduce the amount of support owed to the child.
This decision, rendered on April 22, 2025, during the judgment of Special Appeal No. 2.119.241/RS, reinforces the principle that the best interests of the child should prevail over any attempts at asset shielding or manipulation of financial information.
Breaking Secrecy in Child Support: What Changes After the STJ
In practice, the decision recognizes that the mother, when filing for child support, can request the judge access to detailed information about the father’s income, including salaries, bank statements, and tax returns.
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The goal is to prevent income concealment maneuvers, such as asset transfers to third parties, omission of earnings, or disguising actual gains.
According to the ministers, the right to privacy cannot be used as a shield to evade child support obligations. “Banking and fiscal secrecy is not absolute and must yield when confronted with the fundamental right to a dignified livelihood for children and adolescents,” emphasized the rapporteur, Minister Nancy Andrighi, in her vote.
Cases That Motivated the Decision
The case that reached the STJ involved a father who had declared earnings much lower than his standard of living.
In light of the discrepancy, the local Court of Justice authorized the breaking of secrecy. The case arrived at the STJ, where the ministers unanimously confirmed the legality of the measure.
This is not the first time the Court has analyzed the topic. In October 2023, similar decisions had already recognized the possibility of accessing bank statements to prevent fraud in child support cases.
However, the April 2025 decision stands out for consolidating the jurisprudence and providing greater legal security to mothers seeking fairer child support.
Impacts for Brazilian Families
With the decision, the trend is that more first-instance judges will grant requests for breaking secrecy in cases with indications of concealment. This could accelerate legal disputes, prevent fraud, and ensure that support is calculated based on the actual financial capacity of the aliment provider.
Family lawyers emphasize that the measure also prevents inequalities: while some mothers lacked access to concrete financial information, others with more advanced cases obtained favorable decisions. Now, there is a solid precedent that can be used in thousands of similar cases.
The Principle of the Best Interest of the Child
The ruling reinforces the application of the principle of the best interest of the child, as provided in the Statute of the Child and Adolescent (ECA) and the Federal Constitution.
For the STJ, the absolute priority must be the dignified survival and development of children, even if it implies a temporary mitigation of the aliment provider’s right to privacy.
“It is not about unnecessarily exposing the father’s financial life, but ensuring that the child does not suffer deprivation due to fraudulent maneuvers,” added Minister Nancy Andrighi during the judgment.
Experts evaluate that the April 2025 decision opens the door for a new wave of requests for child support revision across the country. Old cases may be revisited when there is suspicion of income concealment, and new actions will likely already include the request for breaking secrecy from the outset.
Additionally, the precedent may influence other areas of Family Law, such as disputes over asset division and inheritance, where asset concealment is also common.
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