Enforcement Proceedings for Non-compliant Court Orders

On numerous occasions we come across a court decision, judgment or order, which is punctually or systematically not complied with by one of the former spouses.

What should I do if the father or mother of my children does not comply with the court decision? If he/she does not pay child support or does not pay the extra expenses… Can I apply directly to the court, or do I have to go to a law firm and have a lawyer with expertise in family law file an application for enforcement? Can my ex-partner be ordered to pay legal costs (costas) and owe me interest? What happens to grandparents or relatives who have been granted visitation rights and are not allowed to see the children?

Compliance with the measures agreed in the separation, divorce or parental measures can be

demanded by filing an enforcement action with the court to request compliance with these measures.

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Lawyers specialised in Enforcement of Judgments for Non-compliance

Can it be enforced directly? Would it be necessary to wait for a period of time to elapse?

As the order for provisional measures and the judgment in family law proceedings are enforceable, they can be enforced directly without filing an application for provisional enforcement and without the need for the waiting period of Article 548 of the LEC to elapse.

Furthermore, the content of Article 774 paragraph 5 of the Civil Procedure Act establishes that appeals do not suspend the effectiveness of the measures that have been adopted.

Who Can File an Enforcement Action?

In relation to custody, the parents or people who have been granted custody of a child would have standing.

In the case of child maintenance or extraordinary expenses, the person named in the judgment as the administrator of the child support or extraordinary expenses shall be the person named in the judgment as the administrator of the child maintenance or extraordinary expenses.

In the event of non-compliance with the visitation rights of grandparents or relatives, the people to whom this right is expressly recognised shall be the ones concerned.

In the spouse maintenance or compensatory pension under Article 1438 of the Civil Code, the creditors thereof.

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What is the Deadline for Enforcing a Judgment?

The time limit for applying for the enforcement of a judgment may vary according to the law, but is generally subject to a limitation period. In the case of child maintenance, the action to claim non-payment expires after 5 years. This means that if a claim is not made within this period, the right to enforce the amounts owed is lost.

It is therefore essential to act promptly in the event of non-compliance and to apply for enforcement of the judgment in the relevant court before the five-year period has elapsed.

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Can my ex-partner be ordered to pay legal costs due to non-payment of maintenance? Is interest applicable?

Article 575.1 of the Ley de Enjuiciamiento Civil (Civil Procedure Act) provides that enforcement shall be ordered: for the amount claimed in the enforceable claim as principal and ordinary and default interest due, plus that which is provided for as interest that may accrue during the enforcement and costs. This amount should not exceed 30% of the amount claimed in the claim.

At Winkels Abogados we are specialised in family law, so we know perfectly how the enforcement procedure works, and we will be able to accompany and defend you in it.

Our extensive training in law and many years of professional experience in the legal profession enable us to guarantee excellent guidance, considering each situation individually in order to advise you in the most effective way possible.

Enforcement Proceedings for Non-compliant Court Orders

Who Can File an Enforcement Action?

What is the Deadline for Enforcing a Judgment?

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