Spanish law on unpaid child maintenance

Jla80

Please any advise would be appreciated. I was awarded a Spanish court in Oct 2012 which allowed my son and I to return to the UK. It also stated that the child's father a UK resident living in Spain was to pay a monthly maintenance. He has never made a payment towards his sons upkeep. I opened a case with Remo but have no results after 8 years of there involvement. I allow contact which was agreed in the same court order. What I am asking is there another way I could enforce this order. Is there an equivalent to CMS in Spain. I can't afford a lawyer as I already spent & borrowed over €70,000+ fighting the original court case in Spain which I am still paying back now. Any advise would be appreciated 

LadyDee

Jla80 said:

Please any advise would be appreciated. I was awarded a Spanish court in Oct 2012 which allowed my son and I to return to the UK. It also stated that the child's father a UK resident living in Spain was to pay a monthly maintenance. He has never made a payment towards his sons upkeep. I opened a case with Remo but have no results after 8 years of there involvement. I allow contact which was agreed in the same court order. What I am asking is there another way I could enforce this order. Is there an equivalent to CMS in Spain. I can't afford a lawyer as I already spent & borrowed over €70,000+ fighting the original court case in Spain which I am still paying back now. Any advise would be appreciated 

You might have more luck getting advice on the Family section if there happens to be someone there who is familiar with Spanish law.  This part of MSE is about holidays and travelling.  Repost your question here:  marriage-relationships-families

Ratita_Presumida

I have a Spanish partner who has 2 children living in Spain. He has an agreement put in place by the Spanish courts to pay a set amount each month, failure to do so he can be arrested when he returns to Spain. Not sure how this can be enforced because of the lengthy court proceedings as you are experiencing. 

Contact the CSA because you are living in England now and the father being a uk resident living in Spain I’m sure they can get evolved. I’ve read where deductions can be made from his salary abroad. CSA do not mess about and going on what I’ve read I think they maybe able to help or at least advise you, if you google Spanish family law on child maintenance you may find some information to help you.
I wish you luck

martindow

I assume that the OP could travel to France or Portugal and then cross the Spanish border by rail or road without any checks as they are within the Schengen area.

Voyager2002

Ratita_Presumida said:

I have a Spanish partner who has 2 children living in Spain. He has an agreement put in place by the Spanish courts to pay a set amount each month, failure to do so he can be arrested when he returns to Spain. Not sure how this can be enforced because of the lengthy court proceedings as you are experiencing. 

Contact the CSA because you are living in England now and the father being a uk resident living in Spain I’m sure they can get evolved. I’ve read where deductions can be made from his salary abroad. CSA do not mess about and going on what I’ve read I think they maybe able to help or at least advise you, if you google Spanish family law on child maintenance you may find some information to help you.
I wish you luck

If someone is a UK resident, that means they live in the UK. It is not possible for a UK resident to be living in Spain: did you mean to say that the the gentleman was a British citizen?

The CSA do not normally get involved when the absent parent lives outside the UK.