Rocío Carrasco and her ex Antonio David went to court last month over child support. Antonio has not complied with an order to pay Rocío €559 per month for the support of their two children, arguing that he should not have to do so since he and Rocío have a shared custody arrangement wherein their children spend half of the month with each parent. This means, reasons Antonio, that each parent is spending the same amount in support.
Possibly, but Antonio’s refusal to pay means that Rocío has been able to accuse him of “abandono de familia.” “Abandono de familia,” a punishable offense under Spanish law, takes place when one spouse moves out of the family home and fails to contribute to the support of the other spouse and their minor children.
So, if you’re walking out make sure to file an application for separation or divorce within 30 days. Also make sure to continue paying your share of family expenses and to document all the payments you make. Better yet, seek legal advice before you leave.
A judgement in the Carrasco-David matter has not yet been reached but we can guess that the court will not look favorably on Antonio´s refusal to follow a court order. Nor are his views on child support very sound. A lot of the costs involved in raising children are paid once a month or semester, if they occur on a regular basis (school fees, school books), or sporadically (dental treatment). Or does he pay half the month of his children’s school meals while Rocío pays the other half? Is he contributing to the cost of school uniforms simply by caring for his children half of every month? Normally when parents have joint custody, they are both required to regularly deposit a set amount in an account that is used to pay for costs such as these.
One of the articles about the Carrasco-David dispute, Rocío Carrasco y Antonio David, cara a cara en los Jugados, began with an observation that separating couples might do well to take note of. Translated it goes something like: “Condemned to relate to each other for the rest of their lives…just like so many, many couples who, after deciding to separate, find they are forever dealing with the issues raised by their children.”
That being the case, it would seem best for parents and their children if those dealings are as conflict-free as possible. This may seem impossible, especially at the beginning when emotions are strongest, so it may be necessary to limit those face-to-face encounters to the strictly necessary or to forego them altogether until feelings have cooled. If setting up agreements continues to be difficult, mediation may help. It would probably help Rocío and Antonio if they gave it a try.
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