PENSIONS

The new circumstances surrounding the termination of cohabitation usually have economic reflection results in request for production of evidence to submit applications for modification or termination of the pension, food and / or compensatory perceives the spouse.

It is essential to demonstrate the economic situation of the spouse, and her possible coexistence with a third party. Also the actual situation of children after the age of majority must be demonstrated.

We provide the following additional information of interest to you:

a) Pay and Update:

Maintenance payments are paid to the custodial spouse (ie, with the remaining children) by the spouse no custodian, in the first day of each month. Typically they are updated annually in accordance to the Consumer Price.

b) Until when you must pay maintenance to their children:

The fact that the joint child acquires majority, does not mean completion of compulsory payment food. This obligation shall cease when the child is self sufficient economically. The termination does not operate automatically (unless so expressed in the Judgment or Regulatory Agreement), but that right is to go to their own family court and ask that changes be measures because the child has already acquired this economic independence or no longer lives with the custodial spouse.

The income should be made directly to custodial spouse in your account, although the child to get the most age and provided live with that spouse, it is the spouse who must manage the costs of family home.

c) You must pay during holiday periods in which the child or children are not with the spouse:

Maintenance payments for children in cases of marriage breakdown cannot be compensated for example, to give food directly to buy clothing or shelter during a period of time concrete. That is, it is wrong to stop paying the pension for those periods in which the child or children meet with the noncustodial spouse and in compliance with visitation. Neither is correct, for example, buying a dress, some books, etc., and let pass the pension established in full deducting the cost of these purchases, otherwise it can be claimed.

d) Other circumstances to be considered and may influence the final calculation:

The following circumstances will operate on the estimate (if the judge deems a), upward or low, according to suffer or enjoy one or the other spouse: "Another type of income than their own income for their work with either spouse, as rents such real estate, bank deposits or securities, an inheritance, etc.., or within these output per worker, a wage increase or a planned career development and temporality in employment.

-Payment of child care, rental costs of family housing, child with a physical or psychological, educational and training expenses of the children (schools, universities, etc.).

-Contribution by one of the sons of economic performance (work, pension or other) or a third person residing with the custodial spouse (for example, a grandmother).

-Award of use and enjoyment of any of the spouses from the family home that was, this being property of both. This usually does not affect the final result.

"Paying the mortgage on the family home, or other type of loans that were of the couple, by either spouse. Typically the debts of the marriage are still paid by half (mortgages, loans, etc.) and if they are to be equally, does not usually affect the final result.

e) Criteria that the Act is to set a "spousal support" in favor of either spouse, and when extinguished:

Article 97 of the Civil Code provides that the spouse that the separation or divorce occurs imbalance economic position in relation to the other, which implies a deterioration in their previous situations in marriage, is entitled to a pension shall be the court decision, taking into account inter others, the following circumstances:

1. The agreements they reached the spouses. 2. The age and health. 3. The professional qualifications and the likelihood of access to employment. 4. The last dedication and future family. 5. The collaboration with work in commercial activities, industrial or professionals of the other spouse. 6. The length of marriage and married life. 7. The loss an eventual pension entitlement. 8. The flow and financial capacities and needs of either spouse. It also indicates that the court order shall specify the bases to update the board and guarantees their effectiveness. In Article 99 of the Civil Code provides that at any moment can be agreed replace the pension by an annuity, the enjoyment of certain goods or the supply of capital in goods or money.

This must be qualified as it is clear that there is no marital breakdown to produce a slowdown in the level life of the couple, so this imbalance, in order to produce the right to alimony, should be obvious, clearly affect one of the spouses and converge in a qualified manner, any these circumstances or more. A standard example would be, for example, if the husband with a good income, while the wife has sacrificed his professional future to engage in the children and that the union has lasted several years.

These pensions can be modified when there is a significant change in the fortunes of either spouse (Article 100 of the Civil Code). In addition, the right to alimony was extinguished by the termination of the cause that motivated him, by getting the recipient remarries or to live in marriage with another person (Article 101). It adds that the right to a pension is not extinguished by the death of the debtor and his heirs shall be those should ask the judge to reduce or eliminate if they could not cope with such payment to the pension or legitimate concern matters of inheritance.

f) Change in Action:

Article 90 of the Civil Code provides that the court action taken in the absence of agreement, or agreed by the spouses (in the Regulatory Agreement) may be judicially modified or new agreement when the circumstances are altered substantially. Therefore, this change must be substantial.

As far as alimony is concerned, a substantial change is such that one of the spouses be unemployed or receiving a fortune, or one of the children acquire economic independence, or go to live with the other spouse. A rise in wages is not a substantial change in circumstances, although substantial improvement or worsening of the professional circumstances of either spouse, yes could be considered as such. The fact that the party responsible for payment of pension to the children new contract marriage, and even have new children, usually under the Sentencing and more common, is not considering a substantial change of circumstances, it being considered that may not impair the rights of children born in the previous marriage.

The substantial change of circumstances does not operate automatically to a spouse reduce or eliminate pension of their own volition, or the other without requiring an increase, but one or the other must be directed to Judge of the Family through the appropriate procedure (with a lawyer or solicitor) and request modification measures.

In other areas, v. gr. visitation of children, also may be requested this change of measures. Imagine the event that one spouse will live in another city and has visitation it is impossible to satisfy. You can request a new one that suits the new circumstances.

g) What to do in case of default.

In the event that one spouse is reluctant to pay the pension as it has, or does not meet visitation, which are the two most common cases, must necessarily go to family court (With a lawyer or solicitor) and ask for the Execution of Judgment (by executive demand). They can be attached property or not paying salary, or may be bound to that refuses to comply with the visitation established to implement it. This may even have criminal implications and criminal with convictions for family neglect or disobedience to authority. In sum will go to family court, without dismiss the complaint before the examining magistrate.