ENFORCEMENT ORDER LAWYER

Whenever a divorce or separation arrangement has been made or a decree exists, and one of the parents does not comply with its terms, an enforcement order is required to ensure compliance with the conditions.

The most common breaches are related to court-ordered time and child maintenance issues. With regards to the first, until the year 2015 they were considered a criminal offence and could be reported, but currently the only way to ensure compliance with the court’s orders is through an enforcement order.

Regarding child maintenance, it should be noted that failure to make two consecutive monthly payments or four non-consecutive payments might be charged as a criminal offence.

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WHAT TO DO IF…

Before attempting any type of legal proceeding, it’s always best to try and reach an agreement with the other party, and these sort of cases are no exception. Failure to comply with the terms of an arrangement or order can sometimes be justified, and it is important to remain reasonable and show understanding.

For example, when the parent that has to pay child maintenance has lost their job and therefore is forced to give less allowance, or when the court-ordered time coincides with a business trip.

However, if the party that is not following the terms of the order is in a position to comply but chooses not to, it is important to request an enforcement order to avoid the non-compliance situation from stretching out further. Often, these types of procedures are the previous step to modifying the arrangement terms to file for a change of custody.

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ENFORCEMENT OF ORDERS: EXAMPLES

1

My ex-wife is mad at me because I’m in a new relationship, and she has decided for no apparent reason to not let me see my children. I have tried talking to her to no avail, so I have to request an enforcement of the child arrangement order.

2

I don’t live in Madrid, and even though sometimes I have to travel quite a bit to be able to see my son during the court-ordered time my wife still finds excuses for me not to see him.

3

I stopped working for ten years to take care of my children, and now that we are getting a divorce I need some time to get ready for the job market and look for employment. I would like spousal maintenance to help me through this period, until I can get back on my feet and find a stable job.

IF YOU ARE IN A SIMILAR SITUATION, DON’T THINK TWICE

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