Non-Payment of Child Maintenance

Non-Payment of Child Maintenance

Establishing an appropriate child maintenance payment is essential to ensure the well-being of children following a separation. Child maintenance, as regulated by Article 142 of the Civil Code, covers everything necessary for the child’s sustenance, clothing, medical care, and education. Both parents have a legal obligation to support their children in this regard. It is important to distinguish between child maintenance and extraordinary expenses. When a separation or divorce ruling grants custody to one parent, the non-custodial parent is obliged to pay child maintenance.

If child maintenance is not paid, there are two legal avenues available to claim it:

  • The Civil Route: Enforcement of Child Maintenance: This process allows for the seizure of the debtor’s assets, such as bank accounts, salaries, pensions, vehicles, real estate, and tax refunds. This method aims to ensure that the unpaid maintenance is recovered from the non-paying parent.
 

 

  • The Criminal Route: Crime of Non-Payment of Child Maintenance: Non-payment of child maintenance is a criminal offence under Article 227 of the Penal Code. The offence is committed when the debtor fails to pay for two consecutive months or four non-consecutive months. In such cases, criminal proceedings may be initiated against the debtor, which could result in criminal penalties. These may include imprisonment for a period of 3 months to 1 year or fines payable over a period of 6 to 24 months.

At Legal Boutique Ibiza, we provide expert legal advice on the calculation and adjustment of child maintenance according to family circumstances. We defend your rights both in the initial request for maintenance and in cases involving modification or non-compliance. Our approach prioritises the best interests of the children while ensuring that parental obligations are met.

 

  • Calculation and Establishment: We provide guidance in determining a fair child maintenance payment, taking into account the needs of the children and the financial capacity of both parents.

 

  • Modification of Child Maintenance: We handle the increase or reduction of child maintenance payments in response to changes in the financial or personal circumstances of either parent.

 

  • Recovery of Unpaid Maintenance: We take legal action to ensure that obligations are met. This includes enforcement measures such as asset seizures and judicial claims against the non-paying parent.

 

  • Termination of Child Maintenance: We advise on the circumstances in which child maintenance payments can be terminated, ensuring that the process complies with the applicable legal framework.