The Court of the State of São Paulo applied the theory of appearance to increase the amount set for alimony.
The case involved a child support claim filed by a 9-year-old child from a 17-year marriage that had ended. The residence order was set in favor of the mother, and provisional support was set at half the minimum wage in a preliminary injunction.
In his defense, the parent stated that he could not afford the requested alimony, given that his company had several debts, but without presenting any evidence to that effect.
The person receiving maintenance, in turn, raised the theory of appearance and presented evidence in the records that proved that the standard of living displayed by the parent on social media was not compatible with the claim of contributory inability to pay the requested amount of maintenance.
The trial judge granted the lifting of the tax secrecy of the father and his companies, proving the validity of the allegations presented, increasing the alimony to 1.5 times the minimum wage. In the appeal, the minor managed to increase the alimony amount to two times the minimum wage, applying the theory of appearance.
