Author:
Juan Jose Cigarrán.
Resolving family tensions in child maintenance obligations:
Family disputes over maintenance obligations can generate significant tensions. These situations, in addition to being emotionally sensitive, require a clear legal approach to avoid protracted disputes. In this post, we explore how to effectively address these claims, ensuring that the rights of all parties are respected and that the situation is resolved fairly.
Who is obligated to provide maintenance?
The Civil Code establishes that spouses, ascendants, descendants and siblings have the obligation to provide maintenance to each other (Article 143). However, siblings are only obliged to provide the maintenance necessary for life when the person providing maintenance is unable to support himself/herself for reasons beyond his/her control.
Priority in the claim is determined according to a specific order:
- Spouse.
- Descendants of the closest degree.
- Ascendants of the closest degree.
- Siblings.
Knowing this scheme is key to avoid unnecessary disputes between family members and to ensure that the obligation falls on the right person.
Key factors in the determination of maintenance
The law establishes that the obligation to provide maintenance is subject to the principle of proportionality (Article 146). This means that the amount is calculated according to:
- The financial means of the person obligated to provide maintenance.
- The needs of the maintenance provider.
In addition, the Supreme Court has emphasized in various judgments that the pension can be modified if the economic circumstances of either party change (Article 147 of the Civil Code). This principle of adaptability allows the obligation to be adjusted according to the economic reality of each moment.
Managing family tensions
When disputes arise over maintenance obligations, it is critical to act quickly and clearly. Here are some key steps to manage these situations:
- Resorting to mediated dialogue: Before initiating legal action, a mediator can help the parties find a fair agreement.
- Call in a specialized legal advisor: Having the support of experts such as Cigarrán Abogados allows you to understand your rights and obligations, in addition to preparing a claim that complies with the legal requirements.
- Requesting provisional measures if there is urgency: In cases of extreme need, the judge may compel a single person to provide maintenance on a provisional basis (Article 145).
- Document the maintenance provider’s needs: Presenting clear evidence of the beneficiary’s needs and the obligor’s means facilitates a quick and fair resolution.
How can Cigarrán help you?
At Cigarrán, we are experts in the management of family conflicts related to the provision of maintenance. Our personalized and professional approach allows us:
- Advise you on how to proceed with a maintenance claim.
- Represent you in mediation processes or in court.
- Help you manage the modification of alimony when economic circumstances change.
Rely on our experience to resolve legal disputes effectively and reduce family tensions.
Maintenance disputes can be complicated, but with the right approach and the support of professionals like Cigarrán Abogados, it is possible to find solutions that respect the rights of all parties. If you need more information or advice, do not hesitate to contact us. We are here to help you
¿We can help you? At Cigarrán Abogados we can help you (+34) 91.355.85.15
