You have a court judgment. Now you need it to be complied with.

A family court judgment or court-approved agreement establishes obligations that must be fulfilled.

When one party fails to comply, it is not always necessary to start new divorce proceedings or apply to modify the existing arrangements.

It may be necessary to apply to the court for enforcement of the obligations established in the judgment or agreement.

What Can Be Enforced?

Examples include the following situations:

Non-payment of Child Maintenance

If the other parent fails to pay all or part of the child maintenance ordered, the outstanding amounts may be claimed.

Breach of Contact Arrangements

If the established arrangements for the children to spend time with a parent are not being respected, it is important to assess exactly what is happening and what measures may be available.

Extraordinary Expenses

Where certain expenses must be shared by both parents and one parent fails to pay their respective share, it may be possible to claim the outstanding amount.

Breach of Other Court-Ordered Arrangements

A court judgment may establish a range of obligations.

If any of these obligations are not being fulfilled, it is necessary to review precisely what the court order requires and how the breach is occurring.

What If the Circumstances Have Changed?

There is an important difference between failing to comply with an existing arrangement and an arrangement no longer being suitable for the current circumstances.

In the first case, enforcement proceedings may be necessary.

In the second, it may be appropriate to apply for a modification of the existing arrangements.

That is why it is important to assess the situation before deciding how to proceed.

Is Your Ex-Partner Failing to Comply with the Court Order?

I can review the court judgment, the agreement and any breaches that have occurred to assess which legal procedure may be appropriate.

Laura Rincón · Family Lawyer in Madrid

In-person appointments in Madrid and online consultations.