Modifications and Breaches of Judgments
MODIFICATION OF JUDICIAL MEASURES: WE ADAPT YOUR DIVORCE TO YOUR NEW REALITY
Are the measures of a divorce agreement or decree forever?
No. Life changes and the decisions of the past do not have to chain you forever. The law expressly provides for the possibility of modifying the measures agreed at the time provided that the circumstances that existed at the time of their issuance have changed substantially .
Either of the ex-spouses can request this review at the time when their personal, economic situation or that of their children takes a significant turn.
In what situations can we help you modify the measurements?
- Family evolution and custody: Request the change to joint custody as the children grow or their needs change.
- Economic changes (Increase or decrease in pensions): Review alimony or compensatory benefits in the event of new situations of unemployment, retirement, reductions in working hours or salary improvements.
- Changes of residence: Adapt the visitation regime and communications if one of the parents has to move from city to country ( especially complex in international environments).
- Housing and assets: Propose the sale of the family home and the distribution of profits when the children have already been emancipated or the housing circumstances change.
- Serious breaches: React immediately to repeated non-payment of alimony or non-compliance with visitation days to protect the well-being of minors.
At FALGAS.net we carefully analyse the viability of your case to demonstrate that substantial change in court and ensure that your court ruling finally reflects your current reality.
BREACHES AND ENFORCEMENT OF DIVORCE DECREES
Once the judge issues the divorce or dissolution of the unmarried partnership – whether it has been by mutual agreement or through litigation – the agreed measures are mandatory.
If circumstances change substantially, the law allows the measures to be adapted to the new reality by means of a Petition for Modification of Measures (according to Article 775 of the Code of Civil Procedure). However, if what happens is that one of the parties decides to unilaterally break the law, the other party has every right to act immediately in court.
What to do if your ex-partner breaches the regulatory agreement or the sentence?
Failure to comply with judicial measures (such as non-payment of child support or skipping custody and visitation shifts) destabilises family life. If you find yourself in this situation, the law offers you forceful tools to act:
- The Civil Route (Lawsuit for Enforcement of Judgment): It is the fastest and most effective mechanism to claim the money owed or demand compliance with the visitation regime. Through our team of lawyers and solicitors, we request the court to immediately seize payroll, bank accounts or assets of the person liable to pay so that you receive what you are entitled to without delay.
- The Criminal Route (Crime of Non-Payment of Pensions): Article 227 of the Penal Code punishes the non-payment of alimony (for two consecutive months or four non-consecutive months) with penalties that can include imprisonment or financial fines. Although this route is slower than civil enforcement, it is a very powerful pressure tool in cases of serious or repeated family abandonment.
Don’t let the passage of time make non-compliance chronic. At FALGAS.net we protect your economic well-being and the stability of your children by activating the appropriate legal measures from the first moment.
