Child support in Spain: how it is calculated and how to change it

Child support (pensión de alimentos) is the amount a parent contributes to cover their children’s needs when they do not live with them. It is one of the biggest sources of conflict after a divorce in Spain, especially when income changes or children grow up. These are the key points.

What it covers

Under the Spanish Civil Code, maintenance includes everything essential for the children’s food, housing, clothing, medical care and education. It is distinguished from extraordinary expenses (uncovered medical treatment, orthodontics, glasses, necessary extra tuition), which are usually shared separately, 50/50 or in proportion to income.

How it is calculated

There is no fixed figure. The judge applies a proportionality test between:

• The children’s needs: age, school, health and the standard of living they had.
• Each parent’s income and assets.

As guidance, courts use the tables published by the General Council of the Judiciary, which suggest amounts based on income and number of children. They are indicative, not binding. In practice, in Albacete and the province, support per child commonly ranges between 10% and 20% of the paying parent’s net income, but every case is calculated individually. Even if the parent has no income, a minimum amount is usually set.

Until when is it paid

It does not end automatically at 18. It continues while the child is not financially independent and is making good progress in their education or training. It may end if an adult child neither studies nor works through their own fault, or already has sufficient income. Ending it must be requested from the court: stopping payment on your own is not an option.

When it can be changed

When there is a substantial change of circumstances that is lasting and unforeseen:

• Job loss or a significant drop in the paying parent’s income.
• A significant increase in either parent’s income.
• A change of custody or in the children’s needs (illness, studying away from home).
• The birth of other children of the paying parent.

This is done through variation proceedings, agreed or contested. Since 2025 an out-of-court settlement attempt is required first, with some exceptions.

What to do if it is not paid

• Ask the court to enforce the judgment: the judge can garnish wages, bank accounts or tax refunds.
• If non-payment lasts two consecutive months or four non-consecutive months, it may constitute the criminal offence of family abandonment.
• There is a Child Support Guarantee Fund for cases of non-payment where resources are limited.

How we help

We calculate fair support using real figures, negotiate with the other parent and, if needed, request variation or enforcement before the courts of Albacete and Villarrobledo. We also assist families from La Roda, Tomelloso and San Clemente, and can help you in English.

Frequently asked questions

This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.