February 27, 2010
Across the Atlantic, another child support fight is in the news because it involves a well-known family. An article in the NY Times, Judge OKs Child Support for Bristol Palin´s Son, informs us that Sarah Palin’s daughter Bristol is suing Levi Johnston, the father of her young son, for child support. You may remember that during Sarah Palin’s campaign for the vice-presidency, Bristol, then 17, announced that she was pregnant. The father-to-be appeared in family photos during Palin´s campaign but the couple broke up after their child´s birth in December 2008.
According to the article, the judge in the case has encouraged the couple to try to work out an agreement without going to trial.
Leave a Comment » | 
After Separation & Divorce, Divorce Mediation, Economic Factors, USA | 
Permalink
Posted by madridmediation
February 16, 2010
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.
Read the rest of this entry »
1 Comment | After Separation & Divorce, Conflict, Divorce Mediation, Economic Factors, Separation Mediation, Shared Custody, Spain | Permalink
Posted by madridmediation
January 24, 2010
Divorce can be expensive, and not just in the short run. How assets are divided influences one’s future financial well-being. That’s why it’s important to arrive at a fair and informed agreement, and to avoid a prolonged (read “expensive”) legal battle getting there.
An article from The New York Times “Your Money” section,” Financial Decisions to Make as You Divorce,” provides a list of items to consider before arriving at a settlement with an ex spouse. From therapy to health insurance, many of the items on the list are easily overlooked during what is often an emotionally draining period.
Read the rest of this entry »
Leave a Comment » | Divorce Mediation, Economic Factors | Permalink
Posted by madridmediation
December 8, 2009
In my very first blog, Shared Custody, I wrote about projected changes in Valencia´s legislation that would make shared custody the norm. Aragón is the latest autonomous region to consider a similar law. According to an article in ABC on 4 December, the initiative is a response to popular feeling on the subject as evidenced by the various organisations in Aragón that promote shared parenting and have been petitioning for changes to the current legislation.
Read the rest of this entry »
1 Comment | After Separation & Divorce, Conflict, Custody, Economic Factors, Parenting Plans, Residence | Permalink
Posted by madridmediation
November 29, 2009
In Part 1, I described how the revision in 2003 of Article 107 of the Civil Code means that immigrants no longer have to divorce under the law of their country of origin if that law is discriminatory.
However, if you and your spouse are English, there may be advantages to filing under Engish law, or even in England. Marilyn Stowe, a UK divorce lawyer, has commented extensively on this subject in her family law blog and was also quoted in a recent article in the Guardian Weekly,“Warring Across Waters.”
Read the rest of this entry »
Leave a Comment » | Across Borders, After Separation & Divorce, Divorce Mediation, Economic Factors, Ex-pats, How Mediation Works, Residence, Separation Mediation | Permalink
Posted by madridmediation
November 12, 2009
As I wrote in Crisis, article 96 of the Spanish Civil Code states that if a couple cannot agree on how to dispose of the family home after their divorce, the use of the house will be awarded to their minor children and to the parent who cares for them.
For the non-custodial parent this means finding some place else to live. Meanwhile he or she continues to pay the mortgage on the house occupied by their ex.
However, a story in El País on 2 November cites some recent judgments which re-interpret Article 96 by reducing the time the family home can be occupied by the custodial parent, after which either one spouse must buy the other’s share in the home or the home must be put on the market.
Read the rest of this entry »
1 Comment | After Separation & Divorce, Custody, Economic Factors, Residence | Permalink
Posted by madridmediation
October 24, 2009
An article in the print version of El País yesterday describes one of the most practical ways for the separating/ divorcing couple to divide community property.
One possibility, of course, is to sell the flat or house and divide the proceeds. But in times like these, when the market is slow and house prices are down, this might not be the best solution.
Read the rest of this entry »
Leave a Comment » | Divorce Mediation, Economic Factors, Residence, Separation Mediation | Permalink
Posted by madridmediation
July 7, 2009
With the Spanish economy in a slump, couples appear to be re-thinking their decision to separate. Separating often means setting up another household and most family budgets cannot handle the extra expense, especially if one of the breadwinners has lost his or her job or is in danger of doing so. In the USA, where the family home often goes up for sale when couples break up, the depressed housing market is adding to their woes. Finding that they cannot sell their home they are forced to find a way to live together, at least in the short term.
Read the rest of this entry »
Leave a Comment » | Custody, Divorce Mediation, Economic Factors, Residence, Separation Mediation | Permalink
Posted by madridmediation
June 14, 2009
The Comunidad de Valencia has announced that it intends to draft a law that will favor shared physical custody over other options when resolving child-custody disputes. This decision was praised by groups such as “Custodia Compartida Ya!” whose members feel that it is only through changes in the legal code that shared custody will become more prevalent – physical custody is still awarded to the mother in about 95% of the cases in Spain.
Read the rest of this entry »
2 Comments | Custody, Economic Factors, Parenting Plans, Residence | Permalink
Posted by madridmediation
