Child support in Brazil: when it can be reduced
Lost income or had another child? When a Brazilian court may reduce child support, how the review action works and why you should never stop paying on your own.
Sidnei Pedro Dias
9/27/20263 min read
Child support (pensão alimentícia) in Brazil is not fixed forever. If the financial situation of the payer or the recipient changes, the law allows a request to the judge to review the amount, up or down (art. 1.699 of the Civil Code). This is done through a review action (ação revisional de alimentos).
How the amount is set
The judge sets support in proportion to the needs of the recipient and the means of the payer (art. 1.694, § 1, of the Civil Code). A review follows the same logic: you must show that this balance changed after the last decision or agreement.
Situations that often justify a request
- job loss or a significant, lasting drop in income;
- birth of another child, who is also entitled to support;
- illness that reduces the ability to work;
- higher income or lower expenses for the recipient, such as a child who started working;
- a child who has reached adulthood and finished school. In this case the request is usually to end support altogether.
None of these situations guarantees a reduction by itself. The judge weighs the evidence and each party's circumstances.
The costliest mistake: stopping payments
Until the judge decides, the current amount stands. Anyone who stops paying or pays less on their own builds up debt. Up to 3 unpaid installments before collection, plus those falling due during the case, allow civil imprisonment for 1 to 3 months (art. 528, §§ 3 and 7, of the Code of Civil Procedure).
Also, a reduction does not refund what was already paid. Under STJ Precedent 621 (Súmula 621), a judgment that reduces, increases or ends support takes effect from the date of service, with no offset or refund of amounts paid. So the sooner the action is filed, the sooner the new amount can apply.
What happens when the child turns 18?
Support does not end automatically. Under STJ Precedent 358, ending support for a child who has reached adulthood requires a court decision, and the child has the right to be heard. Children still in school may keep receiving support for some time, depending on the case.
Helpful evidence
- employment records, termination documents, bank statements and income tax returns;
- birth certificate of the new child and receipts for their expenses;
- medical reports and prescriptions, in case of illness;
- proof of current fixed expenses;
- receipts for all support payments already made.
An agreement is also an option
If both sides agree on a new amount, the agreement can be submitted to the judge for approval. An informal arrangement without court approval may later lead to disputes over collection of the old amount.
SPD Advocacia handles child support, review and termination cases throughout Brazil, including for parents living abroad, with digital service. Learn more in family law or message us on WhatsApp (62) 98184-3257.
Updated September 2026. Informational content, in line with Brazilian Bar (OAB) rules (Provimento 205/2021). Each case needs its own analysis, and we do not promise results.