Child Maintenance Adjustments in Spain: How They Work, When They Apply and What to Do If Payments Have Not Been Updated

When parents separate or divorce, one of the most important issues to address is child maintenance. This financial obligation is intended to ensure that children’s everyday needs are properly met, including food, housing, education, clothing, healthcare and basic activities essential to their development.

However, one issue often gives rise to questions and disagreements between parents: how child maintenance should be adjusted over time.

Prices change, the cost of living rises, and an amount that was sufficient to cover a child’s needs a few years ago may no longer be enough today. Spanish law therefore provides mechanisms to adapt maintenance payments to changing economic circumstances. The most common is an annual adjustment linked to the Consumer Price Index (CPI).

In this article, we explain why child maintenance should be adjusted, when an adjustment is due and what options are available if it has not been applied correctly.

Child maintenance is not necessarily a fixed amount forever

Before looking at adjustments, it is important to understand how child maintenance is determined. When a court establishes a maintenance obligation, either in a judgment or by approving a divorce settlement (convenio regulador), the amount is determined by taking two fundamental factors into account:

• The needs of the child or other person entitled to maintenance.

• The financial means of the parent required to pay.

This principle of proportionality is set out in Article 146 of the Spanish Civil Code and forms the basis for calculating maintenance payments.

For this reason, the amount does not necessarily remain unchanged indefinitely. If there were no adjustment mechanism, inflation could gradually erode its real value, preventing it from fulfilling its purpose. That is why court judgments and divorce settlements commonly include an annual adjustment clause, usually linked to the CPI.

What is the CPI, and why is it used to adjust child maintenance?

The Consumer Price Index (CPI) measures changes in the prices of goods and services consumed by households. It is published monthly by Spain’s National Statistics Institute (Instituto Nacional de Estadística, INE) and reflects increases or decreases in the cost of living.

Applying the CPI to child maintenance helps preserve its purchasing power over time. This means that the amount initially established can continue to contribute towards the child’s needs as prices change.

In practice, many maintenance payments are adjusted once a year, using the CPI variation applicable to the relevant period.

When should child maintenance be adjusted?

The specific adjustment date depends on what the court judgment or divorce settlement provides. Two common arrangements are used.

Annual adjustment on 1 January

This is one of the most common systems. The maintenance amount is reviewed at the beginning of each year, applying the relevant CPI variation for the previous period.

For example, if a judgment was issued in April 2022 and provides for an annual adjustment every 1 January, the first adjustment would take place on 1 January 2023.

One practical advantage of this system is that it coincides with the annual adjustment of many salaries and makes the calculation easier for both parties.

Adjustment on the anniversary of the judgment or agreement

In other cases, maintenance is adjusted each year on the anniversary of the court judgment or the date the divorce settlement was signed.

For example, if the judgment was issued on 15 September 2022, the first adjustment would take place on 15 September 2023, with further adjustments each year on the same date.

How is the CPI adjustment calculated?

The calculation is relatively straightforward. The applicable CPI percentage is applied to the maintenance amount currently payable.

Suppose your monthly maintenance payment is €500 and it is due to be adjusted in January 2025. For this example, assume that the relevant CPI variation is 2.8%.

The calculation would be:

€500 × 1.028 = €514 per month

The following year, the applicable CPI variation would be applied to the already adjusted amount, rather than to the original €500.

For example, if the relevant CPI variation for the next adjustment were 2.9%, the calculation would be:

€514 × 1.029 = €528.91 per month

These figures are illustrative. The correct calculation depends on the adjustment clause in the judgment or agreement and the CPI figure applicable to the relevant period.

What happens if the parent required to pay does not adjust the maintenance amount?

A common situation is that the parent required to pay continues paying the same amount for years without applying the corresponding CPI adjustment.

Even if payments are made on time every month, failing to apply a required adjustment may mean that the court judgment or approved agreement is not being fully complied with.

In these circumstances, the usual steps are:

1. Inform the other parent of the updated maintenance amount.

2. Request that they begin paying the revised amount.

It is advisable to send this communication through a method that provides formal proof of delivery and content, such as a burofax.

If the adjustment is still not applied, you may be able to apply to the court for enforcement of the judgment, seeking recovery of the amounts that remain unpaid.

The court may also order the parent who has failed to comply to pay the legal costs, where the applicable rules and circumstances justify this.

How far back can you claim unpaid adjustments?

Spanish law establishes time limits for claiming unpaid amounts.

As a general rule, Article 1966 of the Spanish Civil Code provides for a five-year limitation period for certain periodic payments.

This may allow you to claim outstanding maintenance adjustments relating to the previous five years. However, the precise calculation of the limitation period can depend on the circumstances of the case and the applicable procedural rules.

If maintenance has not been adjusted for several years, it is therefore important to review the judgment or agreement and calculate which amounts may still be recoverable.

What if the judgment or agreement does not mention the CPI?

One of the most common questions arises when the court judgment or divorce settlement does not expressly mention annual CPI adjustments. Some people assume that the maintenance amount must then remain unchanged. However, the legal position may be more complex.

Spanish case law has addressed the nature of maintenance obligations and the need to preserve their value over time. Depending on the circumstances and the terms of the judgment or agreement, it may be possible to seek an adjustment even where there is no express adjustment clause.

Some court decisions have considered this issue, including decisions of the Provincial Court of Biscay dated 3 October 2025, the Provincial Court of Valencia dated 7 July 2025 and the Provincial Court of Madrid dated 14 January 2022.

The possibility of claiming an adjustment without an express clause must be assessed on a case-by-case basis. Before seeking enforcement, it is important to verify the relevant case law and determine whether the existing judgment or agreement provides a sufficient legal basis for the claim.

Where appropriate, an application for enforcement of the court decision may be used to seek recovery of amounts due within the applicable limitation period.

The child’s best interests remain the priority

Behind these legal issues lies a fundamental principle: the best interests of the child.

Child maintenance is not a punishment for the parent who pays or a benefit for the parent who receives it. Its purpose is to help ensure that children continue to enjoy appropriate living conditions after their parents separate.

Mechanisms such as CPI adjustments are intended to preserve the financial balance established by the court and help ensure that maintenance continues to serve its purpose as the cost of living changes.

Do you have questions about adjusting your child maintenance payments?

Many people discover years later that maintenance payments have not been adjusted correctly, potentially resulting in significant financial differences.

If you are in a similar situation, whether you pay or receive child maintenance, it is advisable to review your court judgment or divorce settlement and check whether the adjustments have been correctly applied.

Appropriate legal advice can help you:

• Check whether the maintenance amount has been correctly adjusted.

• Calculate the amounts that may be recoverable.

• Begin court enforcement proceedings, if necessary.

Every family law case is different. Obtaining professional guidance can make a real difference when protecting your legal rights and, above all, your children’s well-being.