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Hello all,
I am facing the following situation, and I will be more than greatful about any information or advise or any information on reliable legal counselors.
Thanks
Manfred
situation
Lawsuit in Andalusia on the claim for maintenance (alimony) and right of custody.
Contracting parties: An Ecuadorian Spanish mother M and a German father F.
Judgement ordered that maintenance (child support) is to be paid by father.
Father lives in Berlin, Germany. The father asks his Spanish lawyer L to appeal against the verdict. L tells F that no alimony payment needs to be paid until the appeals procedure is not terminated. This was told by telephone, in presence of witnesses, from L to F. Due to this, F did not transfer any alimony payments to M.
Around 1 year later, F is informed that a lawsuit was filed (against F), suing F for alimony payments. F is cited to a cross-examination in front of Andalusian authorities.
F suspects that lawyer L might not have appealed, as requested.
Question:
Is it common in Andalusia to discuss such matters in advance with the federal prosecutor? Is it recommendable to do that?
Question: Is it advisable to engage a lawyer in the specific city where the lawsuit is taking place? Or is it better to engage a lawyer from Madrid?
Question:
In Germany, this situation would probably be covered by the mistake of law principle, as in F’s understanding he did not do anything while he assuming that his appeal procedure was not terminated yet. And apparently F’s lawyer L made a mistake.
Question:
How is the situation if the lawyer L admits that he did not inform his client F that a legal lawsuit was taking place against him?
Question:
How is the situation if F did not receive the verdict resulting from the lawsuit?
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Sorry but any parent NOT paying child support if they have an income is a disgrace under any circumstances
_______________________ “The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”
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I totally support Tadd1966s comments....pay for your kid and stop trying to weasle out of your resposibilities
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Listen if its your KId you gotta pay simple as that forget lawyers they are the only winners
Pay what is due your the kids old man for Gods sake
_______________________ Done the Spain thing Happier in the UK
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Manfred doesn't give information that justifies his hostile reception here. The mother might have kidnapped the child. She might have cleaned out their joint finances. She might be rich in her own right. She might have run off with a very rich man. The child/children might not be Manfred's. She might have run away with the child/children's original father and be trying her luck to get money out of Manfred. Endless possibilities. Epictetus has the final word:
“Appearances to the mind are of four kinds. Things either are what they appear to be; or they neither are, nor appear to be; or they are, and do not appear to be; or they are not, and yet appear to be. Rightly to aim in all these cases is the wise man's task.”
This message was last edited by GuyT on 02/07/2016.
This message was last edited by GuyT on 02/07/2016.
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Lawsuit in Andalusia on the claim for maintenance (alimony) and right of custody.
Contracting parties: An Ecuadorian Spanish mother M and a German father F.
Judgement ordered that maintenance (child support) is to be paid by father.
GuyT - a bit of a hint in the OP post.
Sorry but none of your statements 9rich boyfrined, run off with finances, kidnapping etc.) justify any father not paying for his child unless as I said he has no income at all and if that is the case then he should get a job
_______________________ “The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”
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Hi all,
I would like to thank you for your response so far. Altough you might at some points have slightly misunderstood my case.
There is no questions that I am going to pay the child support which I see as my duty. The appeal procedure refers more to the right of custody, as it is my greatest wish to at least sometimes see my child.
My actual problem is that I am now implicated into criminal law sphere. This due to the simple fact that my former lawyer either did not give me correct information or did not forward me the final verdict.
I am now in a desperate situation since I was told by so many counselers totally different advises. And I dont know what to do, and how to prove that it has been a lack of information which brought me into my current situation.
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manfred.bauer
sounds like you have abit of a mess but instead of focussing on your lawyer why not focus on getting acces to your child.
Is it custody or acces you want?
The child has 2 parents and has right to see both of them - most courts will support this
Under dovorce law many countries will adopt the law that the marriage was made under for example if you were married in Engalnd and wanted to divorce in Spanish courts the Spanish court should apply English law to the divorce settlement and not Spanish remember they are human and they may refer to Spanish law as a preference especially in custody of a child
Suggest you pay the money / arrears due ASAP or at least a reasonable contribution based on your income then fight your access / custody separately
_______________________ “The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”
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Why don't you patch things up with your old lady if the Brits can forgive Germany surely you can forgive her for her infidelity
Love Hugh xxx
_______________________ Done the Spain thing Happier in the UK
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Why on earth have you come on this forum to discuss personal matter's GO AND SPEAK TO LAWYER.
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