When do you stop paying The maintenance payment, really?
There is a very widespread and completely mistaken popular belief: «My son is turning 18, he is of legal age, so the following month I will stop paying his maintenance.» This is completely false and, if you do it, you will become a debtor to the law overnight, exposing yourself to immediate seizures.
Spanish law establishes that the obligation to pay child maintenance does not automatically end upon reaching the age of majority. Payment must continue uninterrupted until the child achieves real economic independence. This means until they have stable employment that allows them to support themselves, or have completed their academic studies (university, higher vocational training) and effectively entered the labour market.
However, the law and judges also protect the paying parent against cases of neglect. If your child is already an adult and has become a «nini» (neither studying nor working due to pure passivity), or artificially prolongs their studies by enrolling in courses they never pass, you do not have to support them indefinitely. The law allows us to extinguish (remove) the maintenance payment if we prove in court their lack of progress and their complete unwillingness to seek employment.
How we act when claiming outstanding payments or changing the judgment
When it comes to family financial matters, time is always against you. Whether claiming or ceasing to pay, you must act through legal channels without delay. Here are our three main tools:
- Enforcing a judgment (If you are owed money): If your ex has not paid the monthly instalment for months or refuses to pay their 50% share of medical and school expenses (extraordinary costs), we will file an enforcement claim. The court will trace all their bank accounts, payslips, benefits and even tax refunds. The judge will order the direct attachment of the funds. In addition, an extra 30% will be added to cover interest and court costs.
- The criminal route (The crime of family abandonment): When the non-payment is voluntary and malicious (they have the money but don't want to pay), we activate our strongest pressure tactic. If they stop paying for 2 consecutive months or 4 months intermittently, they commit an offence defined in the Penal Code. We file a criminal complaint which can result in prison sentences, fines, and a criminal record. Faced with this real threat, the vast majority of debtors pay all arrears in one go before standing trial.
- Modification of measures (If you cannot pay) If you've lost your job, entered a temporary redundancy scheme (ERTE), or have new children to support, you should NEVER stop paying your maintenance payments or pay less than the ordered amount (they will still seize your assets). What we do is immediately file a Modification of Measures lawsuit. We demonstrate your new reality to the judge and request that they issue a new ruling, legally reducing the payment to an amount you can afford without going bankrupt.
Case studies About pensions in Seville
Legal theory is all well and good, but we talk in results. Here are three real examples of how we've untangled extreme situations for our clients in the Seville courts:
Hidden embargo (Cash under the counter)
A mother came to us because her ex-husband hadn't paid child maintenance for over two years, owing more than €6,000. He boasted that «they couldn't seize anything because he had no official salary.» We knew he was getting paid cash-in-hand for renovation work. We initiated enforcement proceedings and managed to seize a vehicle registered in his name and secure the full tax refund, relentlessly recovering all the outstanding money for the mother.
26-year-old son (Pension extinguishment)
A father was suffocating because he was still religiously paying €350 in maintenance for a 26-year-old son. His ex-wife demanded payment, claiming the boy was still at university. We investigated and proved to the judge that the young man had been enrolled in the same course for 4 years without passing or attending exams. The judge ruled in our favour and decreed the total termination of the maintenance payments due to «lack of progress».
Pension reduction due to temporary redundancy scheme and unemployment benefit
A father who had never missed a monthly payment of €400 for his two daughters was made redundant. He couldn't make ends meet, not even for himself to eat, but he kept trying to pay, terrified of seizure. We filed a swift claim for Modification of Measures. We proved his loss of income and the judge reduced the maintenance to €150 per month (the minimum vital amount), giving him legal financial relief without him being considered a debtor.
Expenses ordinary vs. Expenses extraordinary The Great Conflict
Half of the arguments between separated parents arise from not knowing exactly what the monthly maintenance payment covers and what expenses need to be paid for «half and half» separately. This table will clear up your doubts forever:
| Ordinary Expenses (Included in the monthly pension) | Extraordinary Expenses (Paid separately to 50%) |
|---|---|
| Food and Housing Daily food, electricity, water, gas, and the expenses for the home where the minor usually lives. | Uncovered health: Prescription glasses, orthodontics (braces), orthopedic insoles or psychologists (provided they are strictly necessary). |
| Clothing Clothing, normal footwear for all year, and school uniforms. | Extra Training Private tuition for academic support (if recommended by the school due to failing grades) or necessary language courses. |
| Compulsory Education School registration, school meals, transport, PTA fee, and school supplies/books for September. | Fun Activities Football, ballet, summer camps or optional excursions (Require prior agreement from both parents). |
