Spanish child maintenance — pensión de alimentos — is calculated under the official judicial tables published by the General Council of the Judiciary, adjusted for the parents’ real circumstances, and enforceable across borders. We handle setting, modifying and enforcing child-maintenance obligations for expat parents, including cross-border cases where one parent lives abroad.
Child maintenance in Spain is treated as a non-negotiable obligation of both parents toward their children, and it survives almost anything — separation, divorce, one parent moving abroad, the child reaching eighteen if still in education. The calculation uses the official judicial tables (baremos) as a starting point, then adjusts up or down for the specific facts: both parents’ incomes, custody arrangement, cost of living, extraordinary expenses and existing support obligations.
Cross-border enforcement is stronger than people assume. The EU Maintenance Regulation and the 2007 Hague Maintenance Convention make Spanish maintenance orders enforceable in the UK, US, Ireland, Australia, Canada and most European countries. The inverse is true too — a foreign maintenance order can be enforced against a paying parent in Spain.
Setting, modifying, enforcing and defending child maintenance — in domestic and cross-border cases.
Properly-reasoned maintenance calculations using the official judicial tables, adjusted for incomes, custody arrangement and extraordinary expenses.
Learn more AgreementMaintenance figures agreed between parents and ratified in the convenio regulador — the cleanest, cheapest and most stable route.
Learn more CourtWhere the parents can’t agree, full court proceedings to set the maintenance figure — evidence, hearings and judicial decision.
Learn more VariationApplications to increase or decrease maintenance where circumstances have materially changed — job loss, new income, child’s growing needs.
Learn more EnforcementEnforcement proceedings where the paying parent has stopped or reduced payments — wage garnishment, bank seizure, asset attachment.
Learn more InternationalEnforce a Spanish maintenance order abroad, or a foreign order in Spain — EU Maintenance Regulation and 2007 Hague Convention work.
Learn more SpousalCompensatory spousal maintenance where one spouse is economically disadvantaged by the divorce — temporary or long-term.
Learn more ExtrasHow private schooling, medical costs, extracurriculars and university fees are split separately from the regular maintenance figure.
Learn more AdultsMaintenance continuing past eighteen where the child is in education and financially dependent — conditions, limits and cessation.
Learn moreThe starting point is the official table published by the Consejo General del Poder Judicial. It takes four inputs: the paying parent’s net monthly income, the receiving parent’s net monthly income, the number of children, and the province (as a proxy for cost of living). The table then gives a monthly maintenance figure per child.
That figure is a starting point, not a ceiling. The court adjusts it for real circumstances: existing support obligations to other children, extraordinary health or educational needs, the custody arrangement (shared custody generally reduces the figure), the standard of living during the marriage, and any other relevant factors. For parents who settle by agreement, the figure they record in the convenio regulador is usually benchmarked against the tables and adjusted for fit.
Regular maintenance covers the day-to-day costs of raising the child: food, clothing, housing contribution, transport, school lunches, normal school supplies, routine healthcare, basic extracurricular activities and a reasonable portion of the child’s ordinary quality-of-life spending.
It does not cover extraordinary expenses — private schooling, braces, non-routine medical treatment, university fees, expensive extracurriculars — which are allocated separately, typically 50/50 or in proportion to income. The convenio regulador or court order should spell out what counts as extraordinary and how it’s shared, because arguments about extras are a frequent source of post-divorce conflict.
Shared custody (custodia compartida) doesn’t automatically mean zero maintenance. Where incomes are broadly equal and the parents split all costs 50/50, maintenance may indeed be nil. But where incomes are uneven, or where the child still has a primary home for logistical purposes, the higher-earning parent typically continues to pay a reduced figure to balance the economic reality of raising the child.
The calculation under shared custody is more nuanced than under sole custody. The court looks at each parent’s disposable income, the cost of running each household, and the extent to which day-to-day child costs are actually shared. This is one of the commonest areas where a generic calculator gets the wrong answer.
A maintenance order can be modified where there has been a material change in circumstances. Common triggers: the paying parent losing their job or seeing a major income drop, a significant pay rise on either side, a new child with another partner, the child’s needs changing substantially (entering private school, developing a medical condition), or a change of custody arrangement.
Modifications run as standalone proceedings, not an appeal of the original order. You file for modification, provide the evidence, and the court reassesses. Pending the decision the existing order continues to apply, so moving promptly matters. Temporary modifications by agreement between the parents are also possible for short-term issues — a few months of reduced income, say — without a full court process.
A Spanish maintenance order is enforceable in the UK under the 2007 Hague Maintenance Convention; in the EU under the EU Maintenance Regulation; in the US under the 2007 Hague Convention and bilateral arrangements; in Australia, Canada and Ireland under domestic reciprocal-enforcement frameworks. The practical steps differ by country but the outcome is broadly the same: the Spanish order becomes enforceable in the paying parent’s country without needing a fresh set of proceedings there.
The reverse also applies. A UK, US or other foreign maintenance order can be enforced against a parent living in Spain through the same conventions, via the Spanish courts and, where needed, asset-tracing and bank-garnishment procedures. Cross-border enforcement takes longer than domestic enforcement, but it works, and the perception that a parent can escape obligations by moving abroad is wrong.
Missed maintenance is treated seriously in Spain. The first step is usually a formal enforcement application (ejecución) before the same court that made the order, which can attach wages, seize bank accounts, garnish property and freeze assets. Interest runs on arrears automatically. For persistent or deliberate non-payment, Article 227 of the Penal Code makes it a criminal offence punishable by fines or imprisonment — rarely used but available.
The receiving parent does not have to front the enforcement costs in a case of clear non-payment; costs are typically shifted to the defaulting parent. We handle enforcement proceedings routinely and can advise on the best sequence of tools depending on where the paying parent’s assets and income sit.
A maintenance figure set properly at the start prevents most of the post-divorce conflict we see. A figure that’s wrong, or vague, or not enforceable cross-border, is the single biggest source of follow-on litigation.
From calculation to enforcement, handled by bar-registered family specialists.
Work the official judicial tables for your province and income levels, adjusted for custody arrangement and the specific child’s circumstances.
Agree the figure through the convenio regulador where possible, or file contested proceedings where the other parent won’t engage.
Final judicial order or ratified convenio regulador, registered with the Civil Registry and readied for enforcement if needed.
Enforcement for non-payment, or modification where circumstances change — including cross-border enforcement where the payer lives abroad.
Clear calculations, cross-border enforceable orders, and specialist follow-through when payments stop.
Book a Confidential ConsultationMaintenance work looks simple and often isn’t. The table gives you a number; making it the right number and keeping it paid is the job.
We don’t just feed numbers into a calculator. The table is the start; the adjustments for real circumstances are where the work happens.
EU Maintenance Regulation, 2007 Hague Convention and bilateral frameworks are routine work here, not something we research for each case.
We run enforcement proceedings regularly and know which tools move fastest depending on where the paying parent’s assets are.
Qualified family specialists handling every case. Calculations, filings and enforcement done properly.
Every calculation, filing, order and enforcement step explained in plain English. No second-guessing the paperwork.
Maintenance is set with enforceability in mind from day one. An unenforceable figure is worse than no figure.
The avoidable errors that leave maintenance under-paid, over-paid or hard to enforce.
The judicial tables are a starting point, not a final answer. Figures not adjusted for custody arrangement, extraordinary expenses or real incomes often sit badly.
If the convenio regulador or court order doesn’t spell out what extras are and how they’re shared, arguments about braces, school trips and medical bills follow for years.
A side agreement between parents that isn’t ratified in the convenio regulador or a court order has limited enforceability. Get it into the formal paperwork.
Spanish maintenance orders typically uprate annually with CPI. Parents who forget to apply the uprate can lose significant value over several years.
Old arrears are harder to recover than recent ones. The first month of non-payment is the moment to write; the third month is the moment to file enforcement.
Treating a UK-resident payer as a domestic enforcement case wastes time. The cross-border route exists and works — use it.
Voluntary continued payment at the original level after a major income change (either direction) erodes your ability to modify later. File promptly.
Child maintenance in Spain is generally not taxable to the recipient or deductible to the payer, but spousal maintenance has different rules. Getting the classification wrong creates tax issues.
It often doesn’t. Shared custody with uneven incomes typically still generates a maintenance flow. Ask for a proper calculation.
The parents who most regularly come to us for maintenance work.
At the time of separation or divorce, needing a properly-reasoned figure ratified in the convenio regulador.
Where payments have stopped or been reduced without agreement — domestic or cross-border enforcement.
Income changes, new children, changed custody, child’s new needs — application to vary the figure up or down.
Living abroad, paying Spanish maintenance, with questions on calculation, transmission and tax.
In Spain with the child, paying parent abroad — enforcement under the Hague or EU framework.
Existing foreign maintenance order that needs registering and enforcing in Spain against a parent who’s moved here.
Maintenance continuing past eighteen where the child is studying, and questions about when it can end.
Job loss, business failure or major income drop — fast action to file for reduction before arrears build.
Where income is variable or opaque, the calculation needs forensic work and the order needs robust mechanisms to track real earnings.
That depends on both parents’ net incomes, the number of children, the province and the custody arrangement. The official judicial tables give a starting figure, adjusted for your real circumstances. We can do a properly-reasoned calculation at the first consultation.
Child maintenance is generally not taxable to the recipient parent and not deductible to the paying parent. Spousal maintenance (pensión compensatoria) has different rules and is deductible/taxable in specific circumstances.
Until the child is financially independent — which is not automatic at eighteen. If the child is still in education (including university) and genuinely dependent, maintenance continues. It ends when the child finishes education or becomes financially independent.
Not necessarily. Where incomes are broadly equal and costs are split 50/50, maintenance may indeed be zero. Where incomes differ, the higher-earning parent typically still pays a reduced figure. The calculation is more nuanced under shared custody, not simpler.
File enforcement (ejecución) promptly. The court can attach wages, seize bank accounts and garnish assets. Interest accrues on arrears. Persistent non-payment can also be criminal under Article 227 of the Penal Code. Don’t wait — early action recovers more.
Yes, by filing a modification application showing the change in circumstances. The existing order continues to apply until the court rules, so file promptly. Temporary reductions by agreement are also possible for short-term issues.
Through the 2007 Hague Maintenance Convention post-Brexit. The Spanish order is registered in the UK and enforced by the UK Central Authority (REMO in England and Wales). Procedurally heavier than the pre-Brexit EU route, but it works.
Yes, as a starting point for most maintenance calculations in Spanish courts. They are indicative rather than strictly binding, but they are the benchmark against which adjustments are measured, and agreements materially below the table are harder to sustain.
Non-routine costs that fall outside regular maintenance — private school fees, braces, non-routine medical treatment, university fees, expensive extracurricular activities. Typically split 50/50 or in proportion to income, separately from the monthly maintenance figure.
Almost always yes, with annual CPI uprating built into the convenio regulador or court order. Parents should apply the uprate each year — it’s not automatic in practice, even if it’s automatic in principle.
Self-employed income is harder to pin down and sometimes under-declared. Calculations often use tax returns, bank statements and lifestyle evidence. Orders against self-employed payers should include robust mechanisms (income declarations, automatic uprating, audit triggers) to keep the figure honest.
In narrow circumstances yes — Spanish law imposes subsidiary maintenance obligations on grandparents where parents genuinely can’t pay. It’s rare but it exists, and comes up occasionally in cases where the paying parent has disappeared or is destitute.
A confidential consultation gives you a reasoned figure, a clear plan and, if needed, a fast route to enforcement.
This page provides general legal information, not individual legal advice. Child maintenance calculations depend on the parents’ incomes, custody arrangement, provincial cost of living and the specific child’s circumstances. For advice on your case, book a confidential consultation with Platinum Legal Spain.