Changing family measures in Catalonia: custody, maintenance and housing

The measures agreed upon during a separation or divorce remain enforceable until a new agreement is approved or a judicial resolution changes them. Failing to pay or unilaterally altering the schedule can lead to enforcement proceedings.

What changes may justify modification

The assessment is individual, but usually relevant, subsequent and stable changes are analyzed: significant increase or decrease in income, new needs of children, change of residence, evolution of custody arrangements or real inability to comply with a measure.

Necessary evidence

Pay slips, tax declarations, work life, expenses of minors, communications, schedules and school or medical documentation can be decisive. It is not enough to assert that the situation has changed: it must be explained its impact and a viable alternative proposed.

Custody and child's best interest

In matters of custody and schedule, the child's best interest prevails. The modification should assess stability, parental availability, family relationships, distance between residences and capacity for cooperation, avoiding using the procedure as a means of punishment between parents.

Agreement or contentious procedure

If there is an agreement, a joint proposal can be submitted. Without agreement, it will be necessary to request modification and prove its grounds. In urgent situations, specific measures may exist, but they should not be confused with ordinary modifications.

Our team of family law, divorces and custody assesses viability and prepares the evidence before initiating the procedure.

Sources: Civil Code of Catalonia and Civil Procedure Law.

This content is for information purposes only and does not replace tailored legal advice.