The problem you can have Failure With Your Obligation and pass the board to your ex and your children

Usually with the court decision or the Settlement Agreement which determines the separation or divorce begins the obligation for a parent to satisfy a maintenance for their children, to be delivered to his former partner in those cases in which it had assumed sole custody of children, or if in a shared custody arrangement it assumed a greater weight in the functions related to your care and attention.

It could also set up additional payment of an amount, temporarily or indefinitely, by either party to his former partner because of the unbalanced position in which it could be after the collapse of marriage, and this is known as the Pension Compensatory.

The payment of the two amounts is required by the Judicial Authority based in the Regulations. Now, what could be the consequences of failure for the husband forced to it?

The figure of "family abandonment? as an act punishable

In Spain, the Penal Code provides in Article 226 that "He who fails to fulfill the duties inherent Assistance Legal custody, guardianship, custody or foster care or provide the necessary support legally established for the support of their Descendants, Ancestors or spouse, who are in need, shall be punished with imprisonment from 3 to 6 months or a fine of 6 to 12 months. "

Furthermore, this article adds the possibility of the judge or court to impose a disqualification for the exercise of parental authority, guardianship, custody or foster care for a period of between 4 and 10 years.

This figure contained in that article is known legally as the Crime of neglect, and precisely characterized by repeated failure of the duties relating to the care of the family, including within the same to the former partner and children.

May constitute the same as the conduct for which a parent abandons his wife and children, like that other in which repeatedly violates its obligation to meet these pensions.

And, by having people in your care and dependent on you, the legal system attributes you a duty of care, including support and financial support.

The most appropriate in these cases

If you felt that the amount you have to meet by way of food or alimony is not appropriate for understanding excessive in itself or because it would have taken place any modifying circumstance for you to understand that the amount would not proceed, you should follow other channels other than the default of payments. Otherwise, your behavior may play well against you.

If you consider the amount of starting as inadequate, you may appeal the Judgement of Separation or Divorce to a higher court. On the other hand, if a circumstance took place to make all or part of the amount improperly, you may submit a request to take place editing.

An example might be, in relation to spousal maintenance, your ex-partner had started to live permanently with another person, or in the case of alimony for the children, they had begun to develop some kind of paid work from age 16 and thus, lower needs.



Begoña Alcaine Basin

www.a-divorcios.com

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