Floating through a drawn-out divorce case with ongoing financial and custodial disputes

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A protracted divorce case continues to unfold in Spain, drawing intense public attention as years pass without a final resolution.

The dispute centers on a former couple, with the ex-husband facing accusations tied to pension and child support obligations linked to their two children. Prosecutors allege that he failed to pay the agreed compensatory pension set during the breakup, casting the matter as a serious breach of court orders. A potential six month prison term has been proposed in relation to the non-payment, while prosecutors representing Silvia Fominaya, an actress and producer, contend that monthly support for the children has also gone unpaid, creating a broader claim for three years of imprisonment on that basis.

The hearing, originally scheduled for a session at the Vigo 3 High Criminal Court, was postponed. A new date was set for April after the defense indicated it would submit a substantial dossier, consisting of more than 300 pages of expert reports that require review by both sides. Those close to the defense have expressed hopes for an acquittal, noting that the ex-husband had delayed paying the compensatory pension due to financial difficulties and inconsistencies around the fixed monthly amount. Payments, when they occur, were intended to be caught up once the court determined the correct figure, but the process has dragged on with no final settlement achieved to date.

In its provisional qualification, the prosecutor asserts that the accused possesses full economic capacity to meet the obligations of the compensatory pension and that he has been aware of the liability involved. The claim is that not a single monthly payment has been made to Fominaya, reflecting a deliberate failure to comply with the judicial order. The case has a long history: in 2018 the Vigo Court on Violence against Women set the monthly amount at 1,000 euros for two years, and in 2019 the Pontevedra District Court raised that amount to 3,000 euros for the same period. That period has now expired, leaving the parties awaiting a definitive financial determination.

Public prosecutors add that by February 2021 the accused began paying about 600 euros per month but that the payments were not fully satisfied by February 2022. The record indicates additional alleged arrears of 400 euros, which the prosecution argues constitute continued non-payment of family obligations. In this context, the court may order a six month confinement and require reimbursement of the overdue amount as it stood on the date of the triggering decision, with consideration given to any mitigating circumstances regarding the remuneration already provided by the defendant. The special prosecutor also cites related debts connected to sustaining the two children as set by the court at 2,000 euros per child each month.

Silvia Fominaya, who leads a Vigo-based production company focused on advertising, explains her motive for pursuing the case: the wellbeing and financial support of her children. She has stated that the lawsuit is driven by what is best for the kids. The ongoing litigation has extended beyond financial disputes into other areas of the separation, including a dispute heard in a gender-based violence court concerning the visitation regime, which became formal in 2020. This broader legal saga continues to unfold as both sides prepare for the next significant procedural steps. (Citation: Diario de Vigo reports on the evolving case and statements from the parties involved.)

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