“Alimony claims, through execution procedures, are very frequent procedures nowadays, fast and
effective”
Marta Gil
Most asked questions by alimony creditors
Can the alimony of my children be changed?
The alimony is established in the divorce, separation or procedure of measures regarding children sentence and in case of being agreed by both spouses, in the regulatory agreement.
When setting this type of pension, the current circumstances of the custodial parent, those of the non-custodial and the needs of the children are taken into account. The legal framework is the Spanisch Civil Code, articles 146 and 147:
Article 146:
“The amount of the support shall be proportional to the estate or resources of the person who provides it and the needs of the person receiving it.”
Article 147:
“Support, in the cases mentioned in the preceding articles, shall be proportionally reduced or increased according to the increase or reduction in the needs of the recipient of support and the wealth of the person obliged to satisfy it.”
Therefore and combining the above, it could be said that the action to file a modification demand requesting an increase in the amount of alimony of the children can be based on these three possibilities: decrease in income of the custodial parent; increase in income of the person obliged to pay the pension and greater needs of the children.
Obviously, these assumptions must be demonstrated to the court that ruled the matter in the first instance and it must be proven that indeed, there is a substantial variation in the circumstances that in its day motivated the establishment of the pension.
Like all family proceedings, a contentious or mutually agreed lawsuit can be initiated. And in any case, during the processing of the procedure, it can be redirected to one by mutual agreement.
What options do I have if the obliged parent does not pay the alimony?
In this kind of situation, there are two options, with different implications, that are used according to the cases and the degree of coercion that you want to exercise against the debtor.
In my opinion, the civil one is the most suitable way to claim this type of pension. Thus, an execution procedure can be undergone, which is usually a quick procedure and quite effective, because it goes directly against the debtor’s assets and that, in addition, always implies litigation costs. However, this type of procedure is absolutely ineffective if the debtor lacks assets with which to complete the procedure, via embargo. For this reason, it is possible to resort to criminal
proceedings, which are much more aggressive, which entail a criminal conviction, a pecuniary fine and which are a social reproach that can morally oblige the debtor to fulfill his obligation to pay the pension. Practice shows that people avoid this type of procedure, so they can be effective in claiming pensions. However, and only in exceptional cases should they be used: once a criminal action has been filed, the relationship between the parents can be very deteriorated and this may have consequences for the minors, so this option must be valued in its fair terms and always, under the advice of a professional.
Information and contact
You may contact us by:
Telephone: +34 629 747 692
Email: info@martagilabogados.com
Skype account: MartaGilAbogados
Facetime account: mgilvarela@icloud.com
Or if you prefer to address us personally, ask for an appointment and we will attend you as soon as possible at:
C / Villas Quinto, G-2
41089 Montequinto – Dos Hermanas, Seville
Monday – Friday: 10:00 a.m. to 8:30 p.m.
Saturdays and Sundays: Closed