My ex partner has left home, and I live with our common daughter, who is 5 years old. He told me that he cannot help me with the costs of our “minor” daughter, because he does earn any money. Although he has assets, like a car, part of a house in Spain, etc. Can I legally claim against him for some kind of allowance for our daughter?.
Dear Madam, your enquiry concerns Spanish Family Law and the existence of a minimum maintenance, alimony or child support in Spain
While there is no law in Spain that establishes a minimum amount to be paid as child support, Spanish judges and tribunals are in agreement about the need to set compensations to cover at least a minimum level for living. Therefore, in these cases where the noncustodial parents has no income, it is normal that the courts still establish child maintenance, alimony or allowance, in favor of the children under legal age.
It is understood that the parents always have the obligation and duty to cooperate and contribute to their childrens’ expenses, because minors have a number of vital needs that their parents are responsible for. The parent who is unemployed must find a job or take the necessary steps to make sure that they contribute and collaborate with the needs of their descendants at least with a minimum amount, which would be established by the courts and tribunals.
The absence of a legal article or rule specifying this minimum amount means that the minimum child maintenance depends on each court. Since there isn’t a uniform criteria for all courts, we cannot give you an exact amount, minimum Spanish child support could range between 120€ and 200€ a month, depending on where the children live.
Just for informative purposes, you should know that there is a note from the Spanish General Judiciary Council ( CGPJ), from June 2013, which includes some tables and scales to be used as guidance, with different children maintenance or allowance amounts to be paid, depending on the number of children, parents incomes, etc. Although this note does not specify a minimum, it mentioned as an example that a noncustodial parent should pay about 197 € / month child maintenance and support for 1 child, assuming that the custodial parent had no income, and the non custodial parent had revenues of 700 € a month.
If you or someone you know are in a similar situation, we can help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
Spanish Lawyer solicitor attorney barrister.
Alicante, Denia, Costa Blanca Marina Alta
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