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Portada » Practice areas » Family law » Non-payment of child support
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I require specialized legal assistance to adjust payment orders to the economic reality.
I need legal advice to ensure it is being spent correctly.
I need urgent legal advice to ensure that financial obligations are fulfilled.
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Tell us your story, concerns, or questions related to child support. You will be assisted by a psychologist specialized in family conflicts, who will listen to you with total empathy and understanding.
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Schedule your free consultation with our lawyer and benefit from the experience and specialized knowledge that have made so many people trust us.
TAILORED FINANCING
We understand that child support can present significant challenges. To ease this concern, we offer flexible financing options with no interest.
Impagos pensión alimenticia
I am Javier Sanz, a family lawyer specialized in non-payment of child support
I know you have many options to obtain legal help, but I want you to be so satisfied with our work that you always rely on our firm to defend your most personal rights.
WE HAVE THIS ABILITY TO EMPATHIZE WITH YOUR PROFESSIONAL SITUATION, QUICKLY BECOMING YOUR TRUSTED LAW FIRM.
This is why so many clients always rely on our firm to handle their family matters.
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Impagos pensión alimenticia
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What does the procedure consist of?
Judicial proceedings for non-payment of child support are a legal avenue that is activated when one of the parties fails to comply with the payment of the agreed or court-established child support for the maintenance of children.
ENFORCEMENT CLAIM:
The procedure begins when one parent fails to comply with the visitation regime and the other files an enforcement claim before the court that issued the ruling.
THIS CLAIM MUST INCLUDE PROOF OF NON-PAYMENT SUCH AS BANK STATEMENTS.
NOTIFICATION:
Once the claim is admitted, the court notifies the defendant, granting a period of 20 days to respond.
Impagos pensión alimenticia
MEASURES:
If the debtor does not pay or adequately justify the lack of payment within the established period, the court may order the seizure of assets and bank accounts to cover the amount owed.
This may include salaries, pensions, bank accounts, and even properties.
CRIMINAL PROCEEDINGS:
If non-payment persists and it is considered that the debtor has the ability to pay but refuses to do so, criminal proceedings may be initiated, which may result in prison sentences or fines, depending on the circumstances of the case.
MODIFICATION OF MEASURES:
At the same time, the debtor may request a modification of child support measures if their economic situation has changed significantly and they cannot meet the payment under the originally established terms.
Request your free consultation
Get advice from committed experts.
+34 637 342 483
hola@abogadoviolenciadegenero.com
You surely still have questions
I have prepared a list with some of the most frequently asked questions, but if you still have doubts, write to us at hola@abogadoviolenciadegenero.com and we will help you.
Child support is a sum of money that a person is legally required to pay for the maintenance of their children after a separation or divorce. This support is intended to cover essential expenses such as food, housing, healthcare, and education.
A declaration of bankruptcy does not eliminate the obligation to pay child support. However, it may affect the debtor’s ability to pay the full amount, which could be grounds for requesting a review of the child support arrangement.
Generally, the law does not require the recipient of child support to justify how the funds are spent, as long as the children are being properly cared for. If you suspect misuse, you may hire a private investigator to address the situation.
In cases of non-payment that lead to criminal proceedings, the Public Prosecutor may act in representation of the public interest, especially when minors are involved, to ensure that family obligations are fulfilled.
If the debtor moves abroad and stops complying with child support payments, you may still seek enforcement through international agreements such as the New York Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.
Up to five years of arrears in child support and extraordinary expenses may be claimed.
Yes, first of all, the judgment issued by the Court of First Instance may be appealed before the Provincial Court.
Secondly, if there is any substantial change in the circumstances that existed at the time the judgment was issued, a modification may be requested.
The modification of previously approved measures may also be carried out by mutual agreement or through contentious proceedings.
The amount of child support is generally determined during divorce or separation proceedings and is based on several factors, including the income and resources of both parties, the needs of the children, and the previous standard of living.
It is normal to have doubts about what legally belongs to you, but when your lawyer is specialized in a specific area of law, they have in-depth knowledge of the rulings issued by judges in that jurisdiction.
This gives specialists a competitive advantage, which we know how to leverage to structure the claim and win cases.
The amount of child support depends on several factors and is determined according to the needs of the beneficiaries and the payer’s financial capacity.
Generally, the income and expenses of both parties are taken into account, as well as the specific needs of the children (such as education, healthcare, and extracurricular activities), and the standard of living the children had prior to the separation or divorce.
There is no universal fixed amount; each case is assessed individually. In many jurisdictions, there are guideline tables or reference criteria that judges use to calculate child support in a way that is fair and appropriate to the specific circumstances of each family.
Ordinary expenses are those habitual and foreseeable costs required for the beneficiary’s day-to-day needs, generally the children, within the framework of child support. They include food, housing, regular education, clothing, and transportation. These expenses are already included in the fixed monthly child support amount and do not require additional approval for coverage.
Extraordinary expenses are those that cannot be foreseen or that, even if foreseeable, do not occur on a regular basis. They may include special medical treatments, extracurricular activities such as summer camps or music lessons, and non-routine educational expenses such as school trips or the purchase of a computer for studies.
These expenses usually require prior approval from both parents and are shared according to what is established in the divorce judgment or what the parties subsequently agree upon. They are often divided proportionally according to each parent’s income, although this may vary depending on the specific case.