Understand the effects of the decision modifying alimony
11 de December de 2024, às 22:26
Alcemir Junior
When the alimony party wishes to reduce or extinguish the obligation to pay alimony, or the alimony party wishes to increase the alimony, they can file an action to review alimony.
However, such actions can take months to reach a final judgment. And so, during this time, payments continue to be made on the basis of the previous decision, or the alimony payer already reduces the amount or stops paying, risking continuing to owe what he stopped paying, if his claim is denied at the end of the review process.
In order to settle disputes about the possible credit/debit for this period, the STJ has decided that the effects of the judgment handed down in a maintenance review action, whether in the case of a reduction, increase or exoneration, are retroactive to the date of the summons (Law no. 5.478/68, art. 13, § 2), which would not confirm a credit for the alimony claimant in the event of the termination or reduction of the alimony obligation.
However, due to the proviso made by the higher court (STJ), regarding the unrepeatability of the amounts paid and the impossibility of offsetting the excess paid against future installments, if the alimony payer continues to make the payments from which he was exonerated by the decision, he will not be able to demand the return of what he has overpaid to the party being alimited, as of the date of the summons, nor in the form of offsetting against future installments.
That's why it's important to be accompanied by professionals specialized in the matter, in order to analyze the best strategy that takes into account the risks and costs versus the benefits of anticipating the intended modification in practice.
However, such actions can take months to reach a final judgment. And so, during this time, payments continue to be made on the basis of the previous decision, or the alimony payer already reduces the amount or stops paying, risking continuing to owe what he stopped paying, if his claim is denied at the end of the review process.
In order to settle disputes about the possible credit/debit for this period, the STJ has decided that the effects of the judgment handed down in a maintenance review action, whether in the case of a reduction, increase or exoneration, are retroactive to the date of the summons (Law no. 5.478/68, art. 13, § 2), which would not confirm a credit for the alimony claimant in the event of the termination or reduction of the alimony obligation.
However, due to the proviso made by the higher court (STJ), regarding the unrepeatability of the amounts paid and the impossibility of offsetting the excess paid against future installments, if the alimony payer continues to make the payments from which he was exonerated by the decision, he will not be able to demand the return of what he has overpaid to the party being alimited, as of the date of the summons, nor in the form of offsetting against future installments.
That's why it's important to be accompanied by professionals specialized in the matter, in order to analyze the best strategy that takes into account the risks and costs versus the benefits of anticipating the intended modification in practice.
