One of the headaches for those who are not already in a relationship or divorced is going out or classes. extra from the children small and not so small. These are some of the examples of unforeseen expenses that arise.
The newspaper Newspaper of Terrassa He has published this topic that I am going to talk about here. I also attach the link:
Extraordinary expenses: Although the name gives us some clue as to its meaning, the prefix “extra” understood as “something else”, next to "ordinary” and planned, should lead us to the common conclusion that it is a disbursement of money beyond the usual or routine.
However when we are dealing with legal terminology and Family right, nothing simple and walk towards the path of the complex.
Los customers that my son/daughter pose in the visits questions related to expenses but starting from their own status or economic situation. The expense that for one family is a necessity for another is a luxury or sumptuous… And for that family where it is most common for children to spend a month abroad each year to perfect a language for another family, it is completely unthinkable., an almost luxury and to study it at the nearest academy or online.
It arises if, for example,:
If the school indicates in the syllabus at the beginning of the course that there will be a stay in the mountains for a science project that will count at the end of the course,…;
or if that trip to the mountains that was not planned at the beginning of the course but is necessary for the work and the final grade of the course, If I should pay that amount or not.
Extraordinary, ordinary, extraordinary necessary, urgent, sumptuous... It gets complicated as I anticipated at the beginning.
In general if they are medical expenses fathers and mothers outside public coverage, parents, They are usually clear that it is a necessity and there is no discussion, they pay.
“If the expense is NOT necessary or not urgentAbel Molina Iniesta, family lawyer.
agreement between parents is required
approve the expense and also pay it”.
If there is no agreement We must go to the Judge so that he can determine whether or not it is appropriate to do, necessarily and without any other option, that expense, that trip, these classes...
Following the previous example: all planned expenses at the beginning of the school year is not extraordinary as it is planned, is not punctual. Maybe others think the opposite.. But in law everything is discussed. Even the sentences and that is why there are appeals to another instance, and judges, magistrates, distinct.
But if he School expenses are NOT detailed at the beginning of the course, then it could be extraordinary. And within extraordinary expenses, determine if it is necessary or not to face it.. It is clear that if the trip to the mountains counts towards the final grade of the course, This expense will be necessary for the results and education of the child..
In consecuense , it has to expressly state and clearly as indicated by the Civil Code of Catalonia in Catalonia or the common Civil Code outside the aforementioned Autonomous Community. that the payment will not be made and that it will be paid in full by whoever authorizes it.
Extraordinary expenses, unforeseen, not common therefore, They can also be urgent or non-urgent.
Namely, that action or expenses must be made without delay. A surgical operation.
Sometimes the customers have medical services or incentives as employees (discounts on academies, gyms, etc. for family members of the employee). And a client tells me that his ex has not asked me for consent for dance classes for his daughter.. But if you had asked for it, that activity would be free or at a discount because as a social benefit in the company they have an agreement or agreement. Therefore I don't have to take on a payment that I could have saved, thank you to social benefits of work.
In these cases the expense can be recognized as such but I do not pay it because it could have been free..
I'm not going to talk about the luxury expenses because it is commonly understood that it is neither necessary nor urgent. Therefore, They require agreement by the parents and if not, they must be paid by whoever authorizes them and without reimbursement..
“From experience my advice isAbel Molina Iniesta, family lawyer.
make a list, enumerate, detail and define
in divorce agreements, couples”.
The fewer gaps or voids the better.. And apply logic and think, speak, agree, between you what to do with that expense It is necessary, essential to do?. O ¿ no?. And take into account the payment capacity of each one.
And I emphasize “talk, communicate, between youfamily, as I have advised in other published articles. search personalized legal advice and I'm not talking about looking for untrue information in online search engines or... Intelligent or verified chats.
If they do not reach an agreement, They must go to the lawyer's expertise and go to court to request that the expense be declared and paid or not as an urgent and/or necessary extraordinary item.. A separate issue would be its amount..
But you can also go to Court to request it the other way around.: so that an expense is not declared extraordinary, little used legal technique, in court but effective. But always with the consequent investment of time and emotional exhaustion.
A theme, As I said at the beginning, not easy., and not always clear even in the courts giving rise to incidents, voluntary jurisdiction files, contentious.
Thanks for your interest in reading..
Abel Molina Iniesta
February 27 in family law , divorce matrimonial law, couples, couples, too.. Penal.
Postgraduate in family mediation, civil from the Miguel de Cervantes European University (UEMC) and by the International School EIM recognized by the Ministry of Justice.
Besides is a member of:
Catalan Society of Family Lawyers (SCAF) February 27 the International Association of Family Law Jurists (AIJUDEFA).
ABEL MOLINA LAWYER LAWYER - MEDIATOR
lawyer – arbitration
LAWYER - MEDIATOR