ALIMONY OBLIGATION: O MITO DOS 30%ALIMONY OBLIGATION: THE MYTH OF THE 30%

Abstract

This article aims to analyze and demystify the "myth of the 30%" in maintenance obligations, exploring the parameters and criteria used to determine maintenance. The mistaken belief that child support should be set at 30% of the child's earnings can lead to unfair and disproportionate decisions. The study seeks to understand the legal, doctrinal and jurisprudential foundations that guide the quantification of maintenance obligations, considering the applicable constitutional and legal principles. Emphasis will be given to jurisprudential analysis, through the study of cases and court decisions, to obtain an updated view on the subject. Based on this jurisprudential analysis, the different criteria adopted by the courts in fixing maintenance will be identified, moving away from the myth of 30%. The study aims to identify the most appropriate parameters for quantifying alimony, considering the needs of the beneficiary and the financial capacity of the beneficiary, in accordance with the principles of proportionality and justice. It is hoped that this work will contribute to a more accurate understanding of the maintenance obligation, providing theoretical and jurisprudential basis for fairer and more balanced decisions in the scope of family law. The ultimate goal is to promote a more appropriate approach to the needs of those involved, ensuring the livelihood and well-being of those who are financially dependent on third parties.