Jan 18 2014

Convention

Posted by 3rdadmin in News

Extraordinary expenses in the field of the alimony as those which must be paid the parents in cases of separation or divorce, and that ordinarily exceed subscribers in respect of that pension by the parent without custody over the children could be defined. They arise in certain circumstances of character unexpected or unusual, generating new needs that must be met in a coordinated way by both spouses and in relation to the financial means available. In practice, how could be distinguished between regular or frequent expense and other extraordinary? It should be taken into consideration when qualifying a particular expenditure as ordinary or extraordinary if this manifestly exceeds the everyday, and may not have been had into account when fixing the amount of the pension at the time of the separation or divorce. Thus, for example, would be considered ordinary expenses those relating to food, dresses or medical expenses for usual character (for example, if the child has a health problem that forced him to take a fairly expensive medication in a continuous way). If this type of regular expenditure could grow in its amount, the parent who receives the alimony may request its upward revision. This, in any case, would be considered motivated by an increase in regular expenditure. Instead, they could be considered as extraordinary expenses treatment of orthodontics, for example, or the realization by the son of some foreign language course. It is of two sources of expenses that would have been impossible to predict at the time of the marriage breakdown, and that therefore in any case would have taken into account in calculating the pension.

As you can see, in many cases the amount of these expenses reached a considerable amount, reason by which becomes especially necessary to determine who would meet them. How is the payment of these expenses would carried out? In those divorces that take place by mutual agreement, the couple you could establish any forecast it deemed appropriate in connection therewith in the corresponding regulator Convention. However, practice tells us that in most cases excessive importance does to them when preparing them, with what inclusion ends up being sent to the responsible Court of family dictate at the time the judgement of separation or divorce, relying on that Convention. The rule usually listed in the Judicial resolution usually generally indicate a payment to 50% thereof by each of the spouses, unless there is a great imbalance in their incomes or assets after the breakdown of the marriage.

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