Food allowance arises as a result of the rupture of coexistence conjugal as a concept that seeks to provide support for the spouse who keeps under his care, during most of the time, the common children, generally one to whom custody is assigned and custody (usually the mother). Through this provision finds that one of the two which assumes greater protection and care for these children, can receive a plus of income in such a way that the positions of both parents are balanced and one whose contact with those is more limited compensate another for his minor involvement. How is this provision fixed? When fixing system varies from some countries to others, and while in some legal systems establish certain standards and criteria, the Spanish rules, contained in the Civil Code, gives rise in this area to a high degree of ambiguity, which in practice provides a wide margin when fixing this pension to judges. There are, that Yes, certain elements guideline when establishing it, being that if an area where casuistry and attention to the specific characteristics of the case and the circumstances socio-familiares one and the other parent and the child, is fundamental. Elements that tend to be taken into account in its fixation:-revenue, both the father and the mother (especially attends to the parent to whom custody over the children is not assigned). -The level of standard life which came to enjoy those children before the break of conjugal cohabitation. -Other factors such as potential economic problems or health in either of the two. An alimony could establish when establishing a system of shared custody? It seems clear to talk pension food when you set a single-parent custody, since the relationship of one of the parents with their children is circumscribed to a right to visits on them.
However, it is not it so much in those cases in that establishing a system of shared custody. AND is that joint custody is basically consists of attribution in an equitable manner (which does not equal to 50%) of the care of children to both former spouses, passing these more or less long seasons with both one and another. Secretary of Agriculture pursues this goal as well. The truth is that the children could end up residing 70% of the time with the mother and 30% remaining with the father, so that even if there is a balanced distribution of its time, is the mother who assumes a higher degree of involvement and who must withstand higher expenses by having them with you during this additional time. In these cases, therefore, yes a pension of food, amount could be established that yes most reduced, in favour of the mother.