NEW SPECIAL AND SUMMARY PROCEDURE IN FAMILY LAW DUE TO THE COVID-19 CRISIS
May 5, 2020

The judicial institutions have been recommending that parents reach agreements in order to compensate the parent who has been deprived of time with the minors, by recovering that time not enjoyed during the state of alarm at a later date.

Additionally, the economic crisis resulting from Covid-19 will cause many parents to be unable to meet child support payments due to substantial changes in their economic circumstances.

After the end of the state of alarm, we have a new SPECIAL AND SUMMARY FAMILY PROCEDURE for the following matters

1.- Those concerning claims related to the reestablishment of balance in the visitation or shared custody regime when one of the parents has not been able to see or be with their children as a result of the measures adopted by the Government and other health authorities to prevent the spread of COVID-19.

2- Those aimed at requesting the revision of final measures regarding marital burdens, economic pensions between spouses, and child support, when the revision is based on substantial changes in the economic circumstances of spouses and parents as a result of the health crisis caused by COVID-19.

3- Those seeking the establishment or revision of the obligation to provide child support, when such claims are based on substantial changes in the economic circumstances of the relative obliged to provide such support as a result of the health crisis caused by COVID-19.

In the case of requesting a modification of economic claims, one must accompany, depending on the specific case, one of the following documents:

-In case of unemployment → Certificate issued by the managing entity of benefits indicating the monthly amount received as unemployment benefits or subsidies.

- In case of cessation of activity or decrease in income of self-employed individuals → the certificate issued by the State Tax Administration Agency or the competent tax administrations based on the declaration of cessation of activity declared by the interested party that certifies the cessation of activity or decrease in income.

This new special and summary family procedure will have a limited duration, meaning that it can be filed during the State of Alarm and the 3 months following its conclusion.


Contact the office of Azucena Libran. We take care of it!!



        NEW SPECIAL AND SUMMARY PROCEDURE IN FAMILY LAW DUE TO THE COVID-19 CRISIS