After a separation or divorce involving children, one of the most important legal issues in Spain—just like in many other countries—is child support. It’s not just a financial obligation: it’s about ensuring the child’s wellbeing and development.
At Legal Allies, we explain in simple terms who has to pay child support, how it’s calculated, and what to do if there are payment issues. Because when it comes to children, legal improvisation is not an option.
What is child support?
Child support is a financial contribution that one (or both) parents must provide to cover a child’s basic needs: food, housing, clothing, education, medical care, and everything essential for their development.
It is regulated under Articles 142 and onwards of the Spanish Civil Code and remains mandatory even if the parent doesn’t live with the child.
Who pays child support in Spain?
Typically, the parent who does not have primary custody is required to pay. However, each case is different.
In shared custody situations, judges assess whether both parents can directly cover the child’s expenses during their time with them. Still, if there’s a significant financial imbalance between parents, one may still be ordered to pay support.
Other setups are also possible: proportionate expense-sharing, direct payments for specific costs (like rent or school fees), or personalized combinations.
How is child support calculated?
There’s no fixed amount or universal formula. Judges consider several factors, such as:
- The child’s needs: food, schooling, health, activities, etc.
- The income and financial capacity of both parents.
- The number of children.
- The amount of time each parent spends with the child.
To get an approximate idea, you can consult the Spanish General Council of the Judiciary’s child support calculator. However, the final decision will always depend on the judge and the evidence presented.
How long is child support paid?
Child support doesn’t automatically end when a child turns 18. It continues as long as the child:
- Has not achieved financial independence.
- Is still pursuing education or vocational training.
- Depends reasonably on the family environment.
However, if the child stops studying without justification or starts working full-time, a request can be made to end the support payments.
What happens if child support is not paid?
Failure to pay child support is a criminal offense under Article 227 of the Spanish Penal Code. Consequences may include:
- Legal action to reclaim unpaid amounts (civil court).
- Fines or even prison time (criminal court) if the non-payment is intentional and ongoing.
- Wage garnishments or asset seizures.
That’s why it’s essential to act quickly if payments stop: the sooner you respond, the better your chances of recovering the money owed.
How can Legal Allies help?
At Legal Allies, our family law experts can help you:
- Calculate a fair support amount based on your financial reality.
- Draft clear and updated parenting agreements.
- Claim unpaid support or request modifications.
- Get legal advice in your language with our multilingual service.
- Access legal templates and practical guides to manage the process.
Whether you need to request, modify, or defend against a child support claim, we provide clear, accessible legal support.
Child support is more than just a legal duty—it’s a commitment to your child’s wellbeing. Knowing how it works, what you might owe or receive, and your rights in case of non-payment is key to protecting children and maintaining a fair family balance.
Got questions about your case? Legal Allies is here to help—no legal jargon, just real support in your language.
