Can a court decision regarding family
matters be modified?
Decisions in family proceedings, whether they are financial or
regarding custody and visits, are based on the particular
circumstances at the time they are made. This can be after
separation, divorce, measures regarding parental obligations
towards the children, or following the break-up of a married or
unmarried couple.
the income of the parent who is required to pay them. In such
cases, the Courts will agree to modify the decision that is being
appealed against where a real change has come about (loss of
job, significant loss of income …) affecting the financial
capacity of the person who is required to pay the maintenance,
provided that such change significantly affects his or her
financial capacity or assets.
It is possible as time passes that those circumstances may have
changed in such a way that those originally agreed by the
parties, or decided upon by the Judge, become difficult to
comply with. This can affect the whole family particularly if
the children are older and more independent. In these
circumstances it may be possible to modify or change the
order.
Frequently, applications for reduced maintenance are
submitted where the applicants have children from a new
relationship. It goes without saying that a new child implies
additional costs for the parent concerned, who is also required
to pay maintenance for his or her other children. However, the
Courts have been adamant in stating that the birth of one or
more children from a new relationship does not entail, in
itself, reason enough for agreeing to modify maintenance
payments, but rather it is necessary to establish and determine
whether the payer's assets or financial capacity are insufficient
to attend to the maintenance payments already in place, as well
as the needs of any children born later.
If they are to change an order, Spanish Courts will require
evidence if:
• A significant change of circumstances has come about since
the time that the original measures were adopted.
• Such a change is lasting and is going to become permanent.
• The change was not caused exclusively by the party applying
for the measures to be modified.
• The circumstances were unforeseeable at the time the
measures were adopted.
For a confidential consultation call us on 952 527 014 or email
us: [email protected].
De Cotta Law (De Cotta McKenna y Santafé)
Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office: - Calle Diputación 11, 29780 Nerja
Tel: +34 952 527 014 - Fax: +34 952 523 428
www.decottalaw.com
In short, what the Courts are requiring is evidence that there
has been a major change. One of the most frequent cases is the
modification of maintenance payments owing to a change in
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