Does anyone know how custody & maintenance issues are dealt with in Spain?
I am asking for a friend.
Not married to young kids age 3 & 4.
Was with her ex for 7 years.
Moved out of his house & rented just moved into her own house.
Ex has paid very small amount since they spilt which is only for 4 out of the 8 months they have been separated.
Kids born in Spain mother been living there for 10 years. Father comes and goes due to his work. Went 4 months with out seeing his kids at all.
Ex being very unreasonable with not only lack maintenance money but contact with kids. Mother has been very accomodating given she has been given barely nothing in maintenance to cover food, clothing etc for there kids.
I know that in Spain child maintenance is not dealt with the same as in the UK. Whereas we tend to use the CSA more often than not, in Spain you have to use the court system.
There is no set percentage to be paid like the CSA, your friend will have to ask for whatever she thinks is reasonable to cover the cost of living, housing, education, clothing and medical provision. If both parties are in agreement to the amount asked for, then great. If not, the courts will look at the NRP income and expenditure. Also, child maintenance does not necessarily stop when the children reach the age of 18.
I have friends who live in Spain, and typically, for 2 children, approx 30% of the NRP salary would be awarded.
I hope this helps. I am sorry but cannot advise on custody/contact, but hopegully someone else on here may know.
I was told by my old Spanish lawyer that the court does have some sort of table they work to regarding child maintenance. Probably best for your friend to seek advise there, especially as they were co-habitting.
I hope she gets something sorted out!