Since the health plan expenses are considered a direct food obligation, and taking into account the increase in the father’s income, the Eighth Chamber of Private Law of the Court of Justice of São Paulo (TJ-SP) ordered these costs to be combined in the alimony for two children. The authority approved the appeal of the minors’ representatives, who indicated that they were left without benefit after their father resigned from an official job to work independently.
In the corporate health plan
According to the children’s defense, when the value of the pension was initially determined (5.25 minimum wage), they appeared as dependents in the health plan provided by the company where the father worked. However, the benefit was cut off when the man resigned to work for himself. The children’s representatives then claimed that the father was able to pay for the health plan at the same level as before.
Rapporteur Judge Alexander Coelho, when analyzing the case, highlighted that the father himself informed him that the self-employment he had begun would not harm his children. The judge stressed that when the alimony was determined, the monthly health plan fees did not appear in the list of minors’ expenses, as the benefit was provided by the father’s employer, at no cost. But with the resignation, new expenses arose that must be taken into account.
The rapporteur said: “The employee’s financial capacity has improved since unemployment, according to the figures he provided, and it does not seem reasonable to demand further evidence in this regard,” adding: “Expenses related to the health plan must be of the nature of an alimony obligation.” in natureSince what is required is exactly the return of the same coverage that was previously provided by the work plan, such a decision seems more appropriate to the type than increasing the financial part of the pension.”
The minors were represented in the lawsuit by a lawyer Ricardo Nakle.
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Process 2088066-19.2023.8.26.0000
