Child Support In Spain

Child support in Spain has many complexities: learn about the rights/responsibilities of parents relating to the matter of child support.
Article Published: 19 Dec, 2018, Updated: 22 Nov, 2022 under Modification Child Support Agreements
In Spain, a divorce does not in any way reduce the responsibilities - financial or otherwise - that a parent has towards their child. In fact, child support in Spain has been growing important in Family Law: worth being aware.

When dealing with the topic of child support and parental responsibility the concept of child maintenance (la pensión alimenticia in Spanish) covers that which is necessary for the sustenance, housing, education, clothing and medical provision of their children.

Payments of an Indefinite Nature

This responsibility does not disappear upon the child reaching the age of 18 but it does change in the sense that:

  • The right to maintenance is no longer unconditional
  • For the right to continue proof of a continuing need is required
  • The amount may reduce to a minimum
  • There is no longer a preference over other relatives

Indeed the maintenance payments will continue indefinitely if a child is unable to otherwise survive economically or if their education has not been completed or if they are unable to find a job through no fault of their own.

The payments are normally a fixed cash amount paid monthly and the amount to pay depends on the following criteria:

  • The child’s needs
  • The economic resources of the parent
  • The economic resources of the other parent

Although both parents are liable economically for their children, typically it is the non-custodial parent that pays child maintenance unless there is shared custody whereupon a joint fund is normally established into which both parents pay and withdraw when they have custody of the children.

Calculating Maintenance Payments

The law does not specify an amount that must be paid and the parents may decide between themselves as to how much maintenance ought to be paid.

However, such an agreement may be revised by the court which will take into consideration the income and expenses of each of the spouses so that proportionality may be applied. If necessary, the court - either at the instance of the judge or of the ‘Ministerio Fiscal’ (the latter is a legal officer of the court always present where children are involved in a divorce case).

Furthermore, should the circumstances of either parent change then any agreement or court order may be revisited such that the amount payable by the parent is increased or decreased accordingly. The maintenance sum will also vary according to the IPC or inflation rate.

Extraordinary Payments

It should be noted that the concept of ‘child support’ or ‘child maintenance’ does not cover such things as extraordinary bills. These may be such bills that arise without warning such as healthcare required by the child that is not covered by social security.

Accordingly it is typical for the amount that both parents should pay (half each or a percentage) in those circumstances to be fixed in the divorce agreement.

However, it should be borne in mind always that the concept of freedom to contract is a cornerstone of Spanish law and the parties may always assume whatever responsibilities they wish with regard to payment of the costs and taxes associated with the transfer of property in Spain.

Orientative Figures

The law in Spain does not establish a fixed quantity for maintenance payments in respect of children following a divorce.

Below is a table that may help to give an idea as to how much a court will typically award, based on the income of a non-custodial parent, though discretion lies with the judge in each case.

The Income figure in the first column relates to the income of the non-custodial parent while the figures in the remaining columns are the typical maintenance sums calculated, depending on the number of children.

Child Support In Spain - Table with main figures

 

The General Council of the Judiciary in Spain released guidelines in 2013 on the amount of child maintenance that parents should pay in cases where the family unit is split-up. While merely indicative and provided to assist judges when determining the quantity of child support required, it is expected that the new guidelines will be extensively used by Family Courts across Spain to establish the amount of any pensión alimenticia or child maintenance that the court will order to be paid following a divorce or separation.

The guidelines were developed in conjunction with the Institute of National Statistics and involved compiling figures with regard to average spending and income of parents with dependent children, in order to determine the financial cost of supporting dependent children.

Furthermore, complex adjustments are made according to whether there are two or more dependent children, the region in which the children live and the size of the town or city in which they live since these impact on the costs involved.

 

Guideline Figures

Bear in mind the following when viewing the tables:

Tables 1.1 - 1.2: The below figures denote the estimated costs per child in situations where the custody of the children is shared between both parents. The judge should then apportion responsibility for payment of the relevant amount between the parents according to the circumstances of the case. The costs do not included the bills associated with a mortgage or renting of the principal residence, nor was the amount spent on education included. Responsibility for payment of these additional costs would need to be applied and distributed between the parents, again according to the circumstances of the case.

 

Table 1.1 - Costs of bringing-up one child - shared custody

Child support Spain Table 1.1 - Costs of bringing-up one child - shared custody

 

 

 

 

(left-click image to open in new window then right-click and choose 'View Image')

Table 1.2 - Costs of bringing-up two children (shared custody)

Child support Table 1.2 - Costs of bringing-up 2 children - shared custody

 

 

(left-click image to open in new window then right-click and choose 'View Image')

Tables 2.1 - 2.3

The below figures refer to those situations in which the custody of the children has been awarded to one of the parents only, with access awarded to the non-custodial parent. The amounts that appear in this case refer to the amount that the non-custodial parent should pay towards the maintenance of the children. Should the needs of the children to be housed be satisfied by the fact that the use and enjoyment of the family home has been attributed to the parent with custody, then the only amount that should be added to the maintenance amount contained in this table is that relating to the educational costs of the children.

Suggested child support in Spain: payment for bringing-up one child (single-parent custody – no housing and education) Suggested child support in Spain: payment for bringing-up one child (single-parent custody – no housing and education)

Table 2.1 – Suggested child support in Spain: payment for bringing-up one child (single-parent custody – no housing and education)

Suggested child support for bringing-up two children (single-parent custody - no housing or education) Suggested child support for bringing-up two children (single-parent custody - no housing or education)

Table 2.2 - Suggested child support in Spain for bringing-up two children (single-parent custody - no housing or education)

You may be interested in the following service...

Client testimonials

"Always available and ready to help, nice guy easy to talk to."

Jeffrey Gorman (May, 31 2019)
Client testimonials

"My lawyer was a Godsend. Trustworthy, diligent, knowledgeable, punctual (when answering emails), persistent, and sincere are adjectives I would use. I wholeheartedly recommend getting in touch if you need a legal representative."

Gregory Elliott (Jan, 31 2022)
Client testimonials

"Our lawyer was very responsive and responsible. My emails and what’s app messages were never ignored. Sometimes the replies arrived in minutes. The lawyer was very nice, informative and advised us the best. I highly recommend Advocate Abroad for any legal issues."

Zahid M (Jan, 31 2022)
Client testimonials

"My lawyer was quickly available, gave very helpful and professional advice, and charged very fairly. I still intend to get in touch again should the occasion arise."

Jakob Saalfrank (Jan, 20 2022)
Client testimonials

"Very professional and friendly service and unseen dedication. Recommendation from the bottom of my heart!"

Lidija K (Jan, 18 2022)
Client testimonials

"What can I say? Our lawyer has been absolutely fantastic! Friendly, helpful, knowledgeable and professional and I would highly recommend to anyone."

Sally Giblenn (Jan, 18 2022)
Client testimonials

"My experience with Advocate Abroad has been great! Absolutely fantastic service that I will be recommending to all my friends!"

Katie Langrick (Dec, 22 2021)
Client testimonials

"My lawyer was fantastic. A very difficult, painful and chaotic process very made smooth and quick. I would highly recommend. Thank you!"

Josh Pears (Dec, 10 2021)
Client testimonials

"My lawyer was most helpful and polite and did a first class job. I would highly recommend this firm for any legal issues in Spain. Regards Michael."

Michael Whitty (Nov, 29 2021)
Client testimonials

"We were provided with excellent professional service at all times. We are delighted with the service provided. Many thanks!"

Trevor Bridges (Nov, 08 2021)
Client testimonials

"My lawyer from Advocate Abroad was completely professional from the first contact all the way through to the end of the service."

Stuart Denison, Istanbul (Oct, 19 2021)
Client testimonials

"I had tried before and failed with a different lawyer. I’m so glad I reached out to Advocate Abroad, and they recommended the right lawyer. I recommend 100%!"

Janekate (Sep, 14 2021)
Client testimonials

"My lawyer - through extraordinary efforts - ensured everything was done for me and on several occasions during this process went the extra mile. I also received 1st class aftercare also. Exceptional value for money!"

Neil Shaw (Apr, 28 2021)
Client testimonials

"Our lawyer was very thorough and explained everything well. Probably the quickest responses I have ever had from a lawyer! Highly recommended."

Paul Dunne (Mar, 30 2021)
Client testimonials

"My attorney was fantastic - a difficult job was made to be straightforward. I would recommend this service to anyone!"

Robert Anslow (Sep, 21 2020)
Client testimonials

"Very attentive, fast response, professional and good results!"

Stelios Nousis (Jul, 31 2020)
Client testimonials

"My lawyer organised everything: making the appointments and accompanying me to the appropriate offices.....I was very satisfied, and so I sought advice on other legal and business matters."

Ed (Jul, 29 2020)
Client testimonials

"Our lawyer from Advocate Abroad delivered a great service - very professional! I would definitely use the service again and would recommend to anyone looking for a good lawyer."

Andrew Bale (Jul, 17 2020)
Client testimonials

"Our lawyer was efficient, clear, timely and exceptionally helpful. We would recommend this respectable solicitor who has excellent English. Trustworthiness is so important, thank you!"

Andrew Hales (Oct, 23 2019)
Client testimonials

"Very experienced and professional. Could not do enough to help us with the matter in hand. Would recommend this lawyer to everyone. Great service thanks!"

Alan Ragsdale (Sep, 21 2019)
Client testimonials

"My lawyer was very helpful and went above and beyond to try to help me in my situation as I needed it to happen as fast as possible. Even whilst my lawyer was on holiday, we kept in touch and made things happen. Would definitely recommend!"

Tina Shiels (Sep, 06 2019)

Service Details

Modification Child Support Agreements

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon de la Plana, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas de Gran Canaria, Los Alcazares, Los Cristianos, Madrid, Malaga, Mallorca, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez-Malaga, Yaiza

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

Who Is This Service For?

Following a split between the parents of a child, whether by divorce or not, an agreement must be drafted to detail any financial responsibilities held by the non-custodial parent.

Since the circumstances of the non-custodial parent may change over time, it is possible to petition the court to have any previously agreed to financial arrangements amended.

What Does This Service Consist Of?

  • Review of the original child maintenance or alimony agreement by a lawyer specialised in the field
  • Discussion on legal options to enforce or vary the terms of the agreement
  • Negotiation with the other party
  • Initiation of legal proceedings where necessary and and representation throughout

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

Established more than
10 years ago
Present in 20
European Countries
Over 30,000 client enquiries
successfully managed

Our Lawyers

Send Your Enquiry