Superior Tribunal de Justiça allows child support based on minimum wage during unemployment

The Superior Tribunal de Justiça (STJ) has ruled that judges may set child support payments based on a percentage of the minimum wage in instances where the payer is unemployed or working in the informal sector.

The decision overturned a previous ruling by the Tribunal de Justiça de Santa Catarina (TJ-SC). The STJ's 2nd Chamber determined that establishing alternative criteria for payments in advance is compatible with the nature of alimony obligations and does not constitute a decision conditioned on an uncertain event.

Relator Minister Nancy Andrighi stated that providing an alternative alimony obligation ensures the effectiveness of judicial relief, noting that the obligation exists regardless of the debtor's professional status. The case originated from a request to increase support from 13% of net income to 20%, with a provision for 54% of the minimum wage in cases of unemployment or informal work.