Is there a minimum amount that the parent who is not with the children (noncustodial parent) must pay as maintenance (child support)?

Spanish minimum children maintenance alimony support Spain

Question:


Dear lawyers,

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

White & Baos 2014 – All rights reserved

8 thoughts on “Is there a minimum amount that the parent who is not with the children (noncustodial parent) must pay as maintenance (child support)?

  1. Good day,

    I have a very tricky situation with my ex. We split about 4 years ago. He paid maintenance money for 2 years and only had her twice a week. He stopped because he thought we should just pay our own way. He has started having her on weekends too and now wants shared custody. I got a call from his lawyer the other day but with fury from his betrayal I denied to cooperate. I have refused because she has been with me mostly from day 1. If I get my own lawyer and this goes to court what are my odds of winning custody of my daughter?

    1. Good Evening,

      Thank you for your comment.

      The court will need to decide what is the most appropriate for the minor, and also, and depending of the age of the minor, the minor’s wishes could be also considered.

      If you need more information, please send us an email to: info@white-baos.com

      Best regards,

  2. Hi,
    I dated a girl for 7 months and at the end of the relationship she got pregnant. She decided by herself to keep the child and treatens me that I need to rent her a house, allowance because she is pregnant.

    Our relationship ended bad and she is still living with me. She had troubles with her roommates so I decided to help her which was a mistake. I rent the house by myself and the contract is on my name. Its obvious that she wants to take advantage of the situation.

    I am not married with her and only know her since 7 months. I would prefer she aborts but thats not only my choose. What are my rights in a case like this in a scenario where the child is born and she is not living here anymore.

    1. Thank you for your message.
      If you have a child, as per the Spanish Law, you will have some obligations: child maintenance, etc. About your rights and obligations, you could agree them with the mother, or if there is not agreement a court could decide about them.
      If you need legal advice please let us know.
      Best regards,

  3. My wife went to spain for vacation. Then she wouldn’t come home. She talked me into moving to Spain. After I got there she served me devorce papers three months later. Now she has court custody. Charging me over 2000$ a month. I cant even afford to see them anymore. I was never a resident of spain.

    1. Thank you for your message. Spanish court normally should be considered NO competent to deal with the divorce, if both of you, the marriage, you do not have your last family home in Spain; and you only have in Spain your holiday home. In any case, each divorce must be considered and studied individually.

  4. Hi my name is rona my partner and i had 3 years old son .we have been together for years and half .we have rent our own apartment under his and my name.suddenly after few months he just wanted to us to separate.i told him that i cant pay the rent alone that he should help me also with the child but he said he will only give me 245 per month and thats all.i am asian and living here in spain for 10 years and he is a full blood spanish..i wanted to know all my son’s right to avail a child support.he is a pentionaire and also working as well.he has a better salary than me

    1. Thank you for your message.
      If you are not married, but you will keep the custody of your son, you could claim him to pay a child maintenance. The child maintenance should be fixed according with your incomes and the father’s income. Also, must be bear in mind, the needs of the minor, expenses, etc.
      If you need assistance, our law firm could assist you to claim for the child maintenance, if you cannot come into an agreement.
      You could contact us in our email info@white-baos.com or telephone 0034 966429 185 or WhatsApp 0034 722 214482.

      Best regards,

Leave a Reply

Your email address will not be published. Required fields are marked *

%d bloggers like this: