Non-payments and execution

Teleworking and contributions to the children's common account

A agreement can link a financial contribution to the effective distribution of care. Here differences were claimed in the income of a common account because, according to the civil claim, teleworking had changed who took care of the children before school and at noon.

The clause that caused the conflict

The agreement provided shared custody and an account for common expenses. The contributions were not equal as long as one of the parents covered certain periods of care during the other's shift. It also contemplated different amounts if that organization changed.

The lawsuit alleged that the parent who previously went to work had begun to do so from home and assumed that care. For this reason, he demanded that another level of contribution be applied and the accumulated differences be paid.

It was not enough to prove teleworking

The discussion included how to interpret the condition of the agreement: whether it depended on the other parent remaining available or continuing to effectively provide care. This difference explains why a labor certificate, although relevant, does not resolve the issue on its own.

The clause had to be linked to the actual organization, the date of the change and the communications between the parties. Previous schedules, deliveries and payments could help determine what situation had occurred and since when.

How to prepare a comprehensive claim

It is advisable to gather the complete resolution and agreement, the teleworking certificate, the messages about the new distribution and the movements of the common account. The debt table must identify by month the amount demanded, the amount paid and the difference.

You must also check whether you intend to execute an already defined obligation or introduce a modification that requires another channel. The document requested execution, but the interpretation of the title and the origin of the claim had to be resolved judicially. Practical teaching is to precisely write the conditions that vary a contribution and document when they are no longer met.

matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.

Civil Procedure Law article 776 · BOE ↗ (opens in a new tab)