How much child maintenance should I pay? What if the amount no longer reflects my circumstances?

Child maintenance is one of the issues that most frequently leads to disputes following separation or divorce.

There is no single amount that applies to every family. To determine the appropriate amount, the children's needs and both parents' financial means must be assessed, together with the specific circumstances of each case.

How Is Child Maintenance Determined?

Factors that may be taken into account include:

• Both parents' income.

• The children's needs.

• The number of children.

• The custody arrangements.

• Ordinary expenses.

• Extraordinary expenses.

• Housing costs and other family commitments.

• Each parent's overall financial circumstances.

For this reason, applying a percentage of income without considering the other circumstances may provide an incomplete picture.

Can Child Maintenance Be Modified?

Yes. Child maintenance may be modified when the circumstances taken into account when it was originally established have changed significantly and the legal requirements for requesting a modification are met.

This may arise, for example, following significant changes in income, new needs arising for the children or a substantial change in family arrangements.

When Can Child Maintenance Be Terminated?

Reaching the age of 18 does not automatically bring the obligation to provide child maintenance to an end.

If a child remains financially dependent on their parents, the specific circumstances must be assessed.

There are also other situations in which termination may be requested.

The Other Parent Is Not Paying Child Maintenance

If there is a court judgment or a court-approved agreement and the amounts ordered are not being paid, enforcement proceedings may be initiated to seek payment.

It is important to keep records of payments made and any outstanding amounts.

Do You Need to Claim or Modify Child Maintenance?

I can review your court judgment or agreement, your financial circumstances and your children's current needs to assess which legal proceedings may be appropriate.

Laura Rincón · Family Lawyer in Madrid

In-person appointments in Madrid and online consultations.