Child Support In SpainOrientative Figures

Child support in Spain

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

 

 

 

 

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

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

 

 

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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.

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

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

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