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Reduction of Child Support & Alimony Agreements in Spain

Conscious of the difficult financial situation in which many people find themselves, judges are nowadays prepared to permit somewhat surprising reductions in child maintenance and alimony provisions, previously agreed by the parents of the child or awarded by the court.

A reduction may be achieved by bringing a claim for “modification of judicial measures” in which it is alleged that there has been a substantial change in the financial situation of the non-custodial parent. If the income of this parent has reduced or if their general financial situation has worsened, it is possible to request a “modification of judicial measures”.

Older Children

With regards to children who are of an age to be joining the workforce ( though we should not forget that one may be obliged to make maintenance payments to other members of the family too), and where they manage to secure work, it is permissible to request a “modification of judicial measures”. In fact, a “modification of judicial measures” may be requested even if the child is still studying but not meeting their obligations as students, that is to say, that their academic performance is not favourable. The age of the person receiving the maintenance payments is not necessarily decisive at the point when considering a modification of the payments, but the economic situation and factors out of the child’s control when seeking employment.

There is even Jurisprudence from the Supreme Court that affirms the non-retroactive nature of maintenance payments such that, the fact of making a claim in court for the adjustment of maintenance payments does not remove the liability to continue making the payments. It is necessary to wait until the judge reaches a judgment before paying a reduced amount.

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Child Support Agreement Adjustment

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

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

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1Who 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.

2What 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
Support services

3Free 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.

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