When the marriage divorces and measures regarding the children, housing or compensatory pension have been adopted by the Judge, it is possible that after some time has elapsed since the adoption of the same, these measures no longer fit at present.
To the question, can I modify the measures adopted by the judge on my children? The answer will be: IT DEPENDS.
There are certain requirements that must be met for the Judge to agree to the modification:
- That the family situation is different from the initial one when the measures were adopted.
- That the change is important.
- That the changes affect the circumstances that were taken into account by the parties or the Judge. For example, at the time of the adoption of the measures, the father of the minors earned an average salary of € 2,000, but is currently unemployed.
- The alteration is permanent. That is, following the previous example, the unemployment situation has been maintained over time, for example, and is not something transitory.
- The facts that alter the situation obviously have to be subsequent to the issuance of the Judgment of measures.
At ToscanoLex we are specialists in Family Law, so if you need legal advice regarding the modification of measures, divorces, separations, among others, do not hesitate to contact us.
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