Claiming child support abroad from Spain
What is international alimony?
International child support is a legal obligation of a parent to provide financial support to his or her children or ex-partner when they reside in different countries.
Its regulation depends on international agreements, bilateral treaties and national regulations that guarantee their compliance and execution in foreign jurisdictions.
In the field of international family law, there are mechanisms that allow Claim and enforce alimony when the person liable for payment resides outside of Spain..
These mechanisms They vary depending on whether the destination country belongs to the European Union or not..
Child support in another EU country
Within the European Union, we highlight that legislation facilitates the claim and enforcement of alimony thanks to common regulations.
Regulation (CE) 4/2009
One of the main legal instruments is the Regulation (CE) 4/2009, which sets out clear rules for cooperation between Member States on family meals.
This regulation recognizes and automatically enforces in another Member State decisions on maintenance issued in one Member State, without the need for an exequatur procedure, which simplifies the enforcement process.
Child support in a non-EU country
When the parent obliged to pay resides in a country outside the European Union, the process may be more complex, depending on existing bilateral agreements between Spain and the country in question.
Law on International Legal Cooperation in Civil Matters (Law 29/2015)
La Law on International Legal Cooperation in Civil Matters (Law 29/2015)
set the exequatur process as a special procedure for recognition and enforcement of foreign judicial decisions in Spain.
El Exequatur is crucial to enforce alimony judgments issued abroad, since it allows these resolutions to be recognized and executed in Spanish territory.
Article 523 of the Civil Procedure Act
Regulates the execution of foreign executive titles in Spain, Thus, indicates that the provisions of international treaties and legal provisions on international legal cooperation must be followed.
International deals
El 2007 Hague Convention on Maintenance Obligations It is one of the main treaties applicable in these cases, as it establishes rules for cooperation between States in the execution of court decisions on alimony.
How to claim child support in an EU country?
So, to claim alimony in an EU member country, you mustThe following steps must be followed:
- Obtaining a court ruling in Spain: If child support has not been previously established, it is necessary to file a lawsuit before the Spanish courts to obtain a ruling.
- Request the execution of the resolution: Thanks to Regulation (EC) 4/2009, decisions on maintenance matters issued in Spain are automatically recognised in other EU countries without the need for exequatur.
- Contact the Spanish Central Authority: The Ministry of Justice in Spain acts as an intermediary to transmit the request to the competent authority in the country where the debtor resides.
- Process the seizure of assets or incomeIn the event of non-payment, the withholding of wages or bank accounts of the person obliged to pay may be requested.
Consequences of non-payment of alimony in Spain
Article 227 of the Penal Code
Anyone who fails to pay for two consecutive months or four non-consecutive months any type of financial benefit in favor of his or her spouse or children, established in a judicially approved agreement or judicial resolution in the cases of legal separation, divorce, declaration of nullity of marriage, filiation process, or alimony process in favor of his or her children, will be punished with a prison sentence of three months to one year or a fine of six to 24 months.
The same penalty shall apply to anyone who fails to pay any other economic benefit established jointly or solely in the cases provided for in the previous section.
Repairing damages resulting from the crime will always entail payment of the amounts owed.
El article 227 of the Spanish Penal Code classifies the crime of abandonment of family, sanctioning with prison sentences of 3 months to 1 year o fines from 6 to 24 months to those who fail to pay a financial benefit intended for their spouse or children.
This obligation may arise from a process of separation, divorce, annulment of marriage, filiation or alimony.
Explanations of global rryp
International alimony
Learn how to claim international alimony with a fictional practical example.
Conclusion
Claiming alimony abroad from Spain can be a challenge. complex process that requires knowledge of the applicable international regulations.
The existence of International conventions facilitate the recognition and enforcement of court decisions in many countries, although in some cases it is necessary to resort to local judicial procedures.
Furthermore, To ensure a successful claim, it is advisable to have the support of international family law attorneys, who can advise on the best legal strategy for each case and ensure compliance with the rights of alimony recipients.
Frequently Asked Questions (FAQs)
The mechanisms vary depending on whether the country belongs to the EU or not. In the EU, Regulation (EC) 4/2009 applies, while outside the EU, international treaties apply.
This regulation automatically recognises and enforces a maintenance decision issued in an EU country in another Member State, without the need for additional judicial proceedings.
Law 29/2015 on International Legal Cooperation in Civil Matters establishes that, if there is no applicable international treaty, the exequatur procedure must be followed, which allows the recognition and enforcement of foreign judgments in Spain.
This agreement regulates cooperation between States to ensure the enforcement of decisions on alimony, establishing a common framework to facilitate their recognition without the need for additional complex procedures.
The Spanish Penal Code (Article 227) classifies non-payment as a crime of abandonment of family, imposing prison sentences or fines and obliging the debtor to pay the amounts owed.
RRYP Global. lawyers of international family law.
