The right to maintenance payments
This is the amount of money that is agreed in favour of one or more minors in order to cover those expenses that are essential for their sustenance, room, clothing, medical care, education and instruction in the event of separation or divorce.
This pension must be paid by the non-custodial parent, as he/she has to contribute to the maintenance of the children even though they do not live with him/her. (The family lawyers in Madrid of the law firm G. Elías y Muñoz Abogados are specialists in the resolution of legal problems related to the right to receive alimony).
In order to determine the maintenance allowance, different factors are taken into account, and it must be proportional both to the means of the person who gives the maintenance and to the needs of the person who receives it.
The criteria of proportionality cannot be understood in a mathematical way, since there is no formula that allows an exact calculation of a maintenance allowance in money, but it will always be fixed in such a way that both the maintenance provider and the maintenance recipient have sufficient income to be able to meet the expenses of daily life.
Once the maintenance allowance has been set, possible non-payment by the provider may give rise to both civil and criminal liability, so if the obligor foresees that he/she will not be able to pay the maintenance allowance, he/she should initiate the corresponding proceedings for modification of measures in order to reduce the maintenance allowance.
If, on the other hand, it is the custodial parent who does not receive the established maintenance, he or she should initiate enforcement proceedings to force the provider to pay the unpaid amounts.
Maintenance must be updated annually, usually on 1 January of each year.
Family law news
Inheritance tax in Madrid is the tax that all residents of the autonomous community that houses the capital of Spain must pay when they receive an inheritance...
The separation or divorce of a couple is a complicated legal and emotional situation. Especially if the couple has had children and they are still minors. In...
There is a question that arises for all married people at the time of the death of their parents: "What right does my partner have to my inheritance...
The declaration of heirs is a fundamental document to validate the status of heir when there is no will or when the one that exists is not valid. In fact...
When we talk about the legitimate share, we refer to the part of the inheritance to which the children are entitled after the death of their parents. In fact...
There are situations where, following a separation or divorce, one of the parents of an unemancipated child fails to fulfil his or her legal obligations. In...
We all know that when our parents, spouses or descendants die, we are entitled to a share of the inheritance. However, when the deceased is a more distant...
Donations from parents to children are extremely common. After all, all parents dream of giving their children the best and helping them in the most important...
It often happens that, when an i nheritance is distributed, one of the heirs considers that his or her rights have been violated and that, as a result, he or...
When two people decide to apply for divorce proceedings, a series of long-term premises must be agreed upon regarding the regulation of behaviour in the family...
Whenever a person dies, his or her property becomes available to his or her legitimate heirs. Whether or not he or she made a will during his or her lifetime...
The will is a document that reflects the last wishes of a subject, that is, how he/she wants to distribute his/her assets among his/her heirs once he/she has...