Modification of Alimony Terms according to Article 38 of the Relations between Parents and Children Law of 1990 (216/1990) in Cyprus
Alimony is the primary mechanism for covering children’s needs after parental separation or divorce. However, life circumstances change, and our legal system must provide flexibility in adjusting alimony terms. The Relations between Parents and Children Law of 1990 (216/1990) offers this flexibility, particularly in Article 38, which addresses the modification of alimony terms.
👉 According to Article 38(1), if the conditions that were determined at the time of the alimony decision change, the Court has the authority to amend its decision or even order the termination of alimony. This provision allows for the reconsideration of alimony amounts based on new financial circumstances, the child’s needs, or other relevant factors that may arise after the initial decision.
👉 Furthermore, Article 38(2) introduces an automatic adjustment mechanism for alimony. Specifically, every 24 months, the alimony amount increases by 10%. This automatic increase ensures that alimony keeps pace with rising living costs without requiring continuous legal intervention.
However, the law provides a protection mechanism for the alimony payer. Upon application, the Court can order the suspension or reduction of the automatic increase. This mechanism is crucial when the payer’s financial capacity has decreased, or when the sudden alimony increase would be disproportionate to their income.
📍The provisions of Article 38 ensure that alimony amounts remain fair and are adjusted to reflect changing financial circumstances for both parties. At the same time, they balance the need for regular adjustments with mechanisms that prevent undue financial strain on the payer. This legal framework highlights the adaptability of family law in Cyprus, allowing the Courts to make decisions that protect the best interests of the children while considering the financial conditions of both parents.
