What to do about unpaid child maintenance in Spain

Check the obligation first

Find the order and approved agreement. Check the amount, due date, adjustment provisions and expenses being claimed. Separate monthly maintenance from extraordinary or disputed expenses. If the arrangement is only private or verbal, explain this so the appropriate route can be assessed.

Prepare a verifiable account of arrears

Use one row per instalment showing the amount due, amount received, date and balance. Keep complete payment records and record partial payments. Avoid counting a transfer twice or applying an adjustment without checking the clause. Preserve relevant communications in their original form.

Distinguish civil recovery from a possible criminal case

Article 776 of the Civil Procedure Act addresses enforcement of family orders. Article 227 of the Criminal Code covers certain failures to pay court-established family maintenance: a delay or debt is not automatically a crime, and all requirements must be assessed. You need not wait for a criminal threshold before asking about civil recovery.

What to ask before acting

Ask which amounts can be claimed, what documents are missing and whether particular payments or expenses need separate assessment. Do not use child contact arrangements to offset the debt. If you are the payer and your income has fallen, seek advice rather than reducing payments unilaterally.

Related legal concept

Unpaid child maintenance

Official sources

• Ley de Enjuiciamiento Civil, art. 776 · BOE (opens a new tab)
• Código Penal, art. 227 · BOE (opens a new tab)

Official Spanish legislation consulted on 3 November 2026. The English text explains Spanish law; it is not an official translation.