Child support

The Supreme Court (TS) has resolved a typical case of families with "double country" where a mother requested in Spain that a final English order establishing support for the children (the support for their maintenance) be recognized and enforced. The mother did not request the recognition of the foreign divorce, only the economic part of the support. The problem arose because, while that English order existed, there was also in Spain

a ruling of provisional measures within a divorce proceeding, where support had also been established. The Court of First Instance denied the exequatur (the "seal" to be able to enforce the foreign resolution here) applying Law 29/2015 and stating, among other things, that there was a kind of clash between what was decided in England and what was provisionally decided in Spain. The Provincial Court confirmed that denial and added that the English order was not a "judgment." The mother appealed to the TS and the TS ruled in her favor. Her central idea is clear and it is that in this matter the

Hague Convention prevails first. of 23-11-2007 on food, and Law 29/2015 remains in second place . Furthermore, the TS considers that the English order falls within what the Convention protects and that the recognition cannot be denied for reasons such as reviewing the English court's assessment of the habitual residence of the defendant or confusing it with data such as the tax residence in Spain.

And most importantly, the TS understands that there is no real incompatibility that prevents the exequatur and that, in this context, a foreign final order can prevail over provisional Spanish measures issued afterwards. For all these reasons, the appeal is upheld and the enforceability in Spain of the English food order is recognized.

In situations of conflict between parents regarding the alimony, our professionals will know how to provide you with appropriate advice and defense of your interests and those of your children.