Going through a divorce involving children is not always easy, and in such cases, it may be necessary to consult a lawyer to regulate parental responsibilities and determine child support payments.

In this article you can learn everything about the regulation of parental responsibilities and child support.

If you are looking for a divorce lawyer in Family Law, Contact Catarina S. Gomes – Lawyers in Braga to find the best solutions for your family problems!

What is Family Law?

Family Law is a branch of law consisting of a set of legal rules applicable to relationships between family members, whether they are people united by the bond of parentage or marriage.

A regulation of parental responsibilities Child support and alimony are two areas of practice for a family lawyer.

Learn more here about family lawyers.

At Catarina S. Gomes – Lawyers in Braga, we have a team in Family Law!

Regulation of parental responsibilities: What is it?

A regulation of parental responsibilities It is, as the name suggests, the regulation of the powers granted to parents regarding their children until they reach the age of majority, specifically the terms under which needs such as their sustenance, education, growth, and time spent with the other parent and family are ensured. This regulation must be made whenever the parents do not live as a couple.

If both parents agree, the agreement can be made at any Civil Registry Office or at the Court in the place where they reside.

Several aspects of children's lives and parental responsibilities can be regulated, such as:

• Attendance at public or private schools;
• The place where you will be living;
• Travel abroad on vacation;
• the sports activities you will practice;
• The frequency or dates when you will be with other family members (grandparents, uncles, cousins, etc.) or other important people;
• the religion in which he/she will be raised;
• Among others.

Changes to the regulation of parental responsibilities

Changes to the arrangement of parental responsibilities occur when new circumstances justify this change.

This change can be requested in court by either parent, the Public Prosecutor's Office, or another person to whom the child has been entrusted.

The request to modify the exercise of parental responsibilities must state the reasons for the request and mention whether the arrangement that is to be changed resulted from:

• out-of-court settlement in the context of legal proceedings Divorce by mutual consent that the proceedings have been completed at the civil registry office, in which case, if possible, a certified copy of the aforementioned agreement, the opinion of the Public Prosecutor's Office, and the decision should be attached immediately;
• extrajudicial agreement, in which case, if possible, a certificate of the agreement and the judgment that approved it should be attached immediately;
• court decision, in which case the court where the proceedings took place and the case number should be indicated, if possible.

Lawyers for parental responsibilities

When there is no agreement, the best course of action is to hire a family lawyer to try to mediate the regulation of parental responsibilities. As a last resort, defend the interests of the child and the parents by going to court to have parental responsibilities regulated.

Are you looking for a lawyer with expertise in regulating parental responsibilities? Contact us!

We are located in Braga!

Child support: What is it?

Child support is a duty of the parent who does not have legal custody (or in the case of shared custody) of their child until the child reaches the age of 25, if the child is studying or attending vocational training and is dependent on the parents.

Both parents are responsible for providing for their child's needs and a good quality of life, and therefore a fixed amount is determined for expenses beyond food, such as housing, education, health, clothing, and other essential aspects.

Parents can reach an agreement regarding alimony payments and their amount; however, if they cannot reach an agreement, they will have to go to court.

How is child support calculated?

If no agreement is reached and it becomes necessary to go to court, the court will determine the amount of child support, taking into account the child's needs and the parents' financial situation, i.e., their income.

The person obligated to pay child support can request that it be reduced or terminated if there is any change in their source of income.

What happens in case of default?

If the parent responsible for paying child support fails to fulfill this obligation, the parent who has been granted custody can take legal action, as this non-compliance is punishable by law.

There are several ways to end non-payment of child support, such as:

• Non-compliance incident

The creditor (the parent who has been granted custody) can appeal to the Court to compel the debtor to fulfill their obligation. Furthermore, they can also request the payment of a fine and/or compensation.

• Pre-execution procedure

In this case, the debtor is notified to make the alimony payment within ten days of its due date. If they fail to do so, the amount is deducted from their income. The pre-enforcement procedure is initiated from the moment the alimony is judicially determined.

• Special food promotion

The special action for alimony allows the creditor to request payment of outstanding alimony payments, as well as future payments. This can be done through the adjudication of the debtor's income, carried out directly between the entity that pays the income and the creditor.

• Violation of the obligation to provide alimony.

Failure to provide alimony is a crime under the law. Penal Code, However, this can only proceed if a complaint is filed. Those obligated to pay child support who fail to do so two months after the due date are punished with a fine of up to 120 days. Repeated non-payment is punished with a fine of up to 120 days or imprisonment for up to one year. If this non-compliance jeopardizes the child's livelihood, the penalty is doubled, i.e., imprisonment for up to 2 years or a fine of up to 240 days.

Lawyers to regulate child support payments

One of the most common points of contention in divorce cases is the distribution of child support, which is why it is necessary to seek the help of a lawyer with experience in this area to provide the proper legal support for the case.