Entitlement of Children, and Not so Children, to Maintenance Following Divorce in Spain
Spain’s shocking 20% unemployment rate may not be so shocking after all, if we read a risible court ruling where a judge has to tell 3 grownups that they are not any longer entitled to child maintenance. The ruling decided on appeal a petition from a mother of three to the effect that her children were too old to be eligible for pocket money, since they were old enough to fend off for themselves in life. The first one, 34 years of age, was a doctor in law and now studying economics. The second one, 32 years of age, had passed her exams as a tax inspector in Madrid after 10 years of studying hard to become one, and a third one, still a student, had had a few jobs, but must have found it too much hard work. The appeal judge decided that, even though the obligation to support children did not cease when they became of legal age (18 years), it was not justifiable for 3 fully qualified university graduates over 30 years old to expect being maintained by the father. He added he could not accept their plight and expectations, in this day and age, and in a modern society full with opportunities, to be fed by the male progenitor as the contrary would equate to favouring a passive fight for life that could be end up in “social parasitism”. Needless to say, the Canary Islands, where these boys were once based, have a whopping 27% unemployment that has even merited an article by the Financial Times.
So now on to the more practical side of this post, it being the obligation of the non-custodian progenitor (non-resident parent in English legal terminology) to maintain the children after a divorce in Spain (or separation for that matter) is under way, and for a good few 10 years after they become legal adults (18), I thought that publishing the amounts due by him/her (in 95% of the cases it’s the father) would help have an idea of what should be expected to be paid, since knowing this information, and consequentially what a judge would be ruling on, will reduce the litigiousness of the marriage break up.
The tables below show what should be expected to be paid by the non-resident parent depending on 2 variables, the number of children and the employment situation of the resident parent. Additionally, the courts may introduce other variables that will reflect personal and family circumstances, socio-economic environment issues, location, etc., that will singularize the final amount to be paid in each separation and/or divorce case.
Income | 1 Child | 2 Children | 3 Children | 4 Children |
---|---|---|---|---|
800 | 181,6 | 263,3 | 299,6 | 350,5 |
875 | 198,6 | 288,0 | 327,7 | 383,3 |
950 | 215,7 | 312,7 | 355,8 | 416,2 |
1025 | 232,7 | 337,4 | 383,9 | 449,1 |
1100 | 249,7 | 362,1 | 412,0 | 481,9 |
1175 | 266,7 | 386,8 | 440,1 | 514,8 |
1250 | 283,8 | 411,4 | 468,2 | 547,6 |
1325 | 300,8 | 436,1 | 496,3 | 580,5 |
1400 | 317,8 | 460,8 | 524,4 | 613,4 |
1475 | 334,8 | 485,5 | 552,5 | 646,2 |
1550 | 351,9 | 510,2 | 580,6 | 679,1 |
1625 | 368,9 | 534,9 | 608,6 | 711,9 |
1700 | 385,9 | 559,6 | 636,7 | 744,8 |
1775 | 402,9 | 584,2 | 664,8 | 777,6 |
1850 | 420,0 | 608,9 | 692,9 | 810,5 |
1925 | 437,0 | 633,6 | 721,0 | 843,4 |
2000 | 454,0 | 658,3 | 749,1 | 876,2 |
2075 | 471,0 | 683,0 | 777,2 | 909,1 |
2150 | 488,1 | 707,7 | 805,3 | 941,9 |
2225 | 505,1 | 732,4 | 833,4 | 974,8 |
2300 | 522,1 | 757,0 | 861,5 | 1007,7 |
2375 | 539,1 | 781,7 | 889,6 | 1040,5 |
2450 | 556,2 | 806,4 | 917,6 | 1073,4 |
2525 | 573,2 | 831,1 | 945,7 | 1106,2 |
2600 | 590,2 | 855,6 | 973,8 | 1139,1 |
2675 | 607,2 | 880,5 | 1001,9 | 1171,9 |
2750 | 624,3 | 905,2 | 1030,0 | 1204,8 |
2825 | 641,3 | 929,8 | 1058,1 | 1237,7 |
2900 | 658,3 | 954,5 | 1086,2 | 1270,5 |
2975 | 675,3 | 979,2 | 1114,3 | 1303,4 |
3050 | 692,4 | 1003,9 | 1142,4 | 1336,2 |
3125 | 709,4 | 1028,6 | 1107,5 | 1369,1 |
3200 | 726,4 | 1053,3 | 1198,6 | 1402,0 |
3275 | 743,4 | 1078,0 | 1226,7 | 1434,8 |
3350 | 760,5 | 1102,7 | 1254,7 | 1467,7 |
3425 | 777,5 | 1127,3 | 1282,8 | 1500,5 |
The table below is applicable in the event that both parents have an income:
Income | 900 | 1050 | 1200 | 1350 | 1500 | 1650 | 1800 | 1950 | 2100 | 2250 | 2400 | 2550 | 2700 | 2850 |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
600 | 190 | 225 | 259 | 293 | 327 | 361 | 395 | 429 | 463 | 497 | 531 | 565 | 599 | 633 |
650 | 190 | 224 | 258 | 292 | 326 | 360 | 394 | 428 | 462 | 496 | 530 | 564 | 598 | 632 |
700 | 188 | 222 | 257 | 291 | 325 | 359 | 393 | 427 | 461 | 495 | 529 | 563 | 597 | 631 |
750 | 187 | 221 | 255 | 289 | 323 | 358 | 392 | 426 | 460 | 494 | 528 | 562 | 596 | 630 |
800 | 186 | 220 | 254 | 288 | 322 | 356 | 390 | 424 | 459 | 493 | 527 | 561 | 595 | 629 |
850 | 185 | 219 | 253 | 287 | 321 | 355 | 389 | 423 | 457 | 491 | 526 | 560 | 594 | 628 |
900 | 184 | 218 | 252 | 286 | 320 | 354 | 388 | 422 | 456 | 490 | 524 | 558 | 592 | 627 |
950 | 183 | 217 | 251 | 285 | 319 | 353 | 387 | 421 | 455 | 489 | 523 | 557 | 591 | 625 |
1000 | 182 | 216 | 250 | 284 | 318 | 352 | 386 | 420 | 454 | 488 | 522 | 556 | 590 | 624 |
1050 | 180 | 215 | 249 | 283 | 317 | 351 | 385 | 419 | 453 | 487 | 521 | 555 | 589 | 623 |
1100 | 179 | 213 | 247 | 281 | 316 | 350 | 384 | 418 | 452 | 486 | 520 | 554 | 588 | 622 |
1150 | 178 | 212 | 246 | 280 | 314 | 348 | 382 | 417 | 451 | 485 | 519 | 553 | 587 | 621 |
1200 | 177 | 211 | 245 | 279 | 313 | 347 | 381 | 415 | 449 | 484 | 518 | 552 | 586 | 620 |
1250 | 176 | 210 | 244 | 278 | 312 | 346 | 380 | 414 | 448 | 482 | 516 | 550 | 585 | 619 |
1300 | 175 | 209 | 243 | 277 | 311 | 345 | 379 | 413 | 447 | 481 | 515 | 549 | 583 | 617 |
1350 | 174 | 208 | 242 | 276 | 310 | 344 | 378 | 412 | 446 | 480 | 514 | 548 | 582 | 616 |
1400 | 173 | 207 | 241 | 275 | 309 | 343 | 377 | 411 | 445 | 479 | 513 | 547 | 581 | 615 |
1450 | 171 | 205 | 239 | 274 | 308 | 342 | 376 | 410 | 444 | 478 | 512 | 546 | 580 | 614 |
1500 | 170 | 204 | 238 | 272 | 306 | 341 | 375 | 409 | 443 | 477 | 511 | 545 | 579 | 613 |
1550 | 169 | 203 | 237 | 271 | 305 | 339 | 373 | 407 | 442 | 476 | 510 | 544 | 578 | 612 |
1600 | 168 | 202 | 236 | 270 | 304 | 338 | 372 | 406 | 440 | 474 | 508 | 543 | 577 | 611 |
1650 | 167 | 201 | 235 | 269 | 303 | 337 | 371 | 405 | 439 | 473 | 507 | 541 | 575 | 609 |
1700 | 166 | 200 | 234 | 268 | 302 | 336 | 370 | 404 | 438 | 472 | 506 | 540 | 574 | 608 |
* NOTE: The amounts in this table have to be multiplied by 1.45 if there are 2 children, 1.65 in the case of 3 children, and 1.93 for four children. The amounts in the vertical axis correspond to the monthly income of the custodian progenitor (resident parent), and the amounts in the horizontal axis correspond to the non-custodian progenitor, both in in Euros.
The amount specified for child maintenance is subject to modification in the event of loss of job by the paying parent or increase of his/her living costs, or because the children receive an income as a result of getting a regular job or reach an age where it is no longer reasonable or ethical to maintain the payments (as per the case study of the Canary family).
Finally, Spanish legislators have introduced new legal reinforcement to deal with non-paying parents, inclusive of jail sentences, so if you are in this situation make sure that you don’t miss 2 consecutive payments or 4 non-consecutive payments, because prison terms are then readily available!
Hi there, Thank you for your interesting article. I have a few questions for you. My EX (Spanish) husband agreed verbally to let me (UK Citizen), take my 12yr old (Spanish)son who has always lived with me to the UK as my ENGLISH husband of 8 years cannot work in Spain any more, and has a new job in the UK, I also have a daughter with my ENGLISH husband. These job changes and relocation plans were made based on the fact my Spanish Ex husband said yes to taking our son to the UK, now he has changed his mind and is saying no! Which has placed us in a difficult situation as we cannot afford to pay for legal costs, because we need to save for the relocation, and changes have been made that we cannot change back like my husbands job plans. I also do not want to keep my English husband and Daughter in Spain any longer as we have been living near Malaga for 8 years because of my Spanish son and difficult ex husband. We cannot build a solid future here for our family, so I am facing the fact that we might be relocating without my son.
I would not mind, but I have looked after my son since he was born and have been a solid and reliable, structure in my sons life and we have a happy family home, with my husband who has a strong work ethic. My 12 year old son is getting to the stage in his life where he thinks it will be and easy ride living with his dad, and keeps changing his mind who he wants to be with.
But my 43 yr old EX husband is currently unemployed, can’t keep a job longer than 6 months, is in no long term relationship, lives in a one bedroom house with his elderly mother and aunt, and is EXTREMELY unreliable (Even my son says so!) He also has a negative outlook on life and is an underachiever. And to add insult to injury, last year he left Spain to work in the UK because he could not find work and did not see his son for months at a time. 8 Years ago myself and my husband could not pay our bills and desperately needed to return to the UK for work but the legal battle started getting expensive and messy so we stayed in Spain.
Although I desperately want my son to come with us to the UK, I would like to know what I would have to pay in child support to my ex husband when I return?
What would happen if I did not have a job in the UK?
Would my partner have to pay child maintenance to my EX husband? The thought of that makes me sick to my stomach, my partner having to pay for a situation which was not caused by him!
Also if I did have a job, what would I have to pay based on the fact I have another child?
Maybe another interesting fact to add would be my EX husband has a 13yr old Spanish child from a previous relationship of which he doesn’t see and has NEVER paid any child support for!
Any legal advise would be of so much help.
Regards,
Tori.