Kids Will Stay in Home; Parents to Come and Go

May 2, 2011

In the news today, a novel custody arrangement dictated by a Seville judge: the children will stay put and the parents will alternate living with them on a quarterly basis (in line with the school year). According to Judge Francisco Serrano of Seville Family Court No 7 court the arrangement is feasible given the family’s resources; it also makes sense as both parents have been involved in the their children’s upbringing until now.

Judge Serrano is an outspoken supporter of custodia compartida and is the author of Un Divorcio Sin Traumas.


Who Pays the Mortgage After Divorce?

May 1, 2011

Since the Tribunal Supremo (TSJ) announced its decision last week there has been plenty of reaction. On Saturday, El Páis published “Lo que la hipoteca unió, que no lo separe un juez” exploring some of the possible consequences of the ruling (one of which might be a blizzard of petitions from ex-husbands requesting a modification of their divorce agreements).
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Spanish Supreme Court Ruling: Split the Mortgage after Divorce

April 25, 2011

According to an El País article that appeared on 24 April
the Tribunal Supremo (TSJ) has just ruled that after divorce ex spouses should bear mortgages equally. The ruling overturned the decision of a provincial court that a father pay 80% of the mortgage on the family home, arguing that the man had sufficient resources to do so.
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Chipping Away at Civil Code Article 96

August 7, 2010

With 50,000 separations & divorces involving children taking place in Spain each year, the issue of what happens to the family home is getting more and more attention. Men’s rights groups and some judges want the current law changed, and some comunidades are listening.
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Want to Talk?

August 5, 2010

On Saturday, 7 August I will be taking calls free of charge in order to answer your questions about family mediation, divorce in Spain, child custody & support, etc.  I would love to hear from you! 

Just call madridmediation on Skype between 14:00 – 17:00 Central European Time (BST+1) on August 7th.

Looking forward to your call,

Andrea


Economic Crisis & the “Pensión Alimenticia”

July 10, 2010

Here in Spain we can all see signs of the crisis around us even if it hasn’t yet cost us our own jobs: a lot of shops have closed and those that are trying to hang on have begun their sales early. In the mercado the talk is all about the brother, cousin or daughter who has just lost a job. A daycamp my daughter has attended for years has closed because so few children signed up.
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Calculating Child Support

May 31, 2010

In Spain there is no hard-and-fast formula for calculating child support payments. In determining the pensión alimenticia judges take into account the non-custodial parent’s income as well as the child’s expenses (schooling, clothing, meals, etc). Other factors, such as dependents from a previous relationship, may need to be taken into account as well.
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Reactions to Aragon Shared Custody Law

May 25, 2010

Pere Ríos, a Barcelona-based journalist, makes a number of points in favor of shared custody in “Esto es la igualdad”. One is that the new Aragón law will challenge the status quo in Spain by encouraging men as well as women to become caretakers, thus ultimately helping to end workplace discrimination against women.
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Johnston Ordered to Pay Bristol Palin Child Support

March 30, 2010

Last month in my post “Meanwhile, in the USA… ” I wrote that Sarah Palin’s daughter, Bristol, was suing the father of her son for child support. Well, according to the NY Times, Levi Johnston has been ordered to pay Palin $1,750 per month. The payments, which are retroactive, are based on Johnston’s reported income of $105,000.

These are “interim” payments, pending the outcome of the Palin lawsuit, set for trial in September, 2010. In Spain such temporary orders are called “medidas provisionales.” If the terms of a divorce are in dispute, short-term measures need to quickly be put in place – parenting plans, child support, use of the family home – so that the family can get on with their lives. While some couples are able to reach a temporary agreement quite readily, others – like Palin and Johnston – require court intervention.


Custody Issues: British Mother, Spanish Father

March 14, 2010

A British mother raises some interesting issues in her letter to the Guardian´s “Problem solved” column in regard to the custody of her three children, born in Spain but now living with her in the UK.

She writes that while the father paid child support when the children were living in Spain, he stopped when they went to live in the UK. Now Mom would like to know if the child support order can be enforced from the UK.
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