As some of the best family lawyers in Barcelona, since we are former judges, we are aware that each divorce proceeding has its own quirks and that they aren’t all the same since there may be special factors that complicate the situation.
An important piece of information in a divorce involving children is the amount of child support to be paid. These payments are intended to ensure that children can keep growing, developing and studying without any kind of inconvenience regardless of whether their parents stay together. It doesn’t matter whether the parent they’re going to live with has surplus spending power. The other parent that they don’t live with must pay child support until they reach at least 18 years of age, and as a general rule, until they’ve permanently joined the labor market and are financially independent.
Child support is actually determined by a judge via a ruling, even if the former couple has reached an amicable agreement, since it is the judge who must approve it. This is because a ruling is the only effective way to ensure that the child support is paid if there are future breaches of the agreement. The issue that interests us in this ICN LEGAL blog post is knowing what to do if your ex-partner has stopped paying child support.
Taking civil action
Together with your lawyer or attorney, you must file an enforcement claim and request that it be executed by the court that issued the divorce or custody ruling that established the child support.
Enforcement of the ruling
When a couple has processed their separation or divorce and there is a ruling, both parties will be obligated to comply with all of its pronouncements. As we mentioned, in the event of a breach, the aggrieved party may file an enforcement claim requesting compliance with the ruling. This is the case because measures related to children are directly enforceable from the moment the ruling is issued.
The enforcement order is the final ruling. For its part, the regulatory agreement can only be an enforcement order if it has been incorporated in the ruling approving it. The court competent to enforce the ruling is the court that has issued the ruling.
The law legitimizes filing an enforcement claim against spouses or parents. Of course, in the case of a claim to enforce measures related to custody, only those who have custody will be legitimized.
We conclude with a very important matter: in common law, action to request the enforcement of the ruling expires five years after the ruling is final. This is a basic fact that must be taken into account when requesting an appointment with our firm. As lawyers who are former judges, we will advise you as to the steps to take in your specific case.