Situations derived from the state of alarm may arise that would imply a modification of the economic situation of the persons, and therefore give rise to a modification of measures, since the payment of the pensions established in the judicial resolutions could not be met.
Support payments are established taking into account both the needs of the minors and the economic income of the person obliged to pay.
We must try to find a balance between the two.We must distinguish several scenarios:
1.-While it is true that at present we can find that due to the substantial reduction in income that has been due to the pandemic that we live, the parent obliged to pay has not been able to cope with it. Reason for which this parent, must proceed to request a modification of measures. As my colleague has pointed out, this procedure must be accompanied by documentary evidence, which supports our request to reduce such alimony.
Such proof may consist of providing a certificate issued by the Sepe, or the managing entity that is paying us the benefit because we are in an Erte, or because we have been dismissed, and we are collecting unemployment benefits, etc. And in the case that we are self-employed or entrepreneurs, certificate from the Treasury, which accredits our drop in income. Since in many cases, the professional or labor activities have been stopped because of the pandemic.
2.- In the opposite point of view we find the people who are not receiving such pensions, they can urge an execution of sentence, claiming the perception of such amounts, and even in the most extreme cases they can get to interpose criminal actions, although in these cases, what is punished is not having paid such pension despite having had economic means. In order to be able to go this way, it is necessary to have failed to pay two consecutive installments, or four alternatively.
However, these procedures are usually filed, as long as it is proven that the person obliged to pay lacks financial means. It should be noted that if a judgment is enforced, the parent obliged to pay the pensions will be required to pay, and if this is not the case, the assets of the person being enforced may be seized. It should be noted that in normal conditions the SMI is unseizable, but in these cases, it can be seized below that amount.
3.- It may also be the case that the persons in need of alimony have seen their economic situation change for the worse, due to the fact that the custodial parent has seen his income decrease, and to ensure the welfare of the child, an increase of the alimony is requested.
We must not forget that the maintenance allowance must guarantee that the basic needs of the children are covered.
With respect to the compensatory pension, this pension is established because at the time of divorce or separation there is an economic imbalance between the spouses. Being one of them in a more precarious situation.
The reasons for which it was usually granted was because one of the two had taken care of the minors, renouncing insertion in the labor market, and once the marriage was dissolved, was in a precarious situation, without income, and in some cases with a difficult labor insertion.
In these cases we must also distinguish several scenarios: 1.
1.- The person obliged to pay has seen his or her income decrease. He/she must provide, together with the claim, proof of the reduction of his/her income. For example, that he/she is in an Erte, has become unemployed, etc… etc. In this case what he will request is a reduction of the same one, based on this reduction of income derived from the COVID-19.
2.- The person who receives this benefit is in a more precarious situation economically speaking than when the resolution was dictated that recognized the right to receive this compensatory pension. In this case an increase of the same one can be requested.
In the event of non-payment of such pension, it can also give rise to a judgment execution.Remark that in order to access such summary proceedings, the change of economic circumstances has to come derived from the COVID-19.
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