The modification of measures<\/strong> is the judicial procedure through which a party requests the review and change of the measures established in a separation or divorce judgment, or in a court-approved divorce settlement agreement.<\/p>\n Divorce judgments are not immutable. The law allows that, when there are substantial changes in the circumstances<\/strong> of the parties or the children, either parent \u2014or the Public Prosecutor, in defence of the child\u2019s best interests\u2014 may ask the judge to adapt the measures to the new reality.<\/p>\n <\/p>\n <\/p>\n Not every change allows a party to request a modification of measures<\/strong>. For the judge to grant it, the change must be relevant, stable and must significantly affect the circumstances that were taken into account when the original measures were approved.<\/p>\n The most common grounds include the following:<\/p>\n <\/p>\n The modification of measures can be processed in two ways:<\/p>\n <\/p>\n As a general rule, the effects of the modification arise from the date of the judgment or from the court approval of the new agreement, not from the moment the application is filed.<\/p>\n Therefore, when there are sufficient grounds, it is important to act diligently and not delay the request for the modification of measures<\/strong>.<\/p>\n <\/p>\n Child support is one of the measures most frequently reviewed. The amount may be increased if the child\u2019s needs or the paying parent\u2019s income increase, and it may be reduced if the latter proves a significant decrease in their financial resources.<\/p>\n In any case, until a new court decision exists, the previous measure remains enforceable. For this reason, it is not advisable to stop paying or to unilaterally change the amount without first obtaining a court decision authorising it.<\/p>\n <\/p>\nContents<\/h2>\n
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What circumstances justify a modification?<\/h2>\n
1. Modification of measures related to the children<\/strong><\/h3>\n
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2. Modification of measures related to finances<\/strong><\/h3>\n
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3. Modification of measures related to the family home<\/strong><\/h3>\n
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How is it processed?<\/h2>\n
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When do the changes take effect?<\/h2>\n
Child support and the modification of measures<\/h2>\n
Practical summary<\/h2>\n