Unpaid child support: what to do step by step

When child support payments stop arriving

Few situations cause as much distress as depending on a child support payment that suddenly stops. Your children's expenses don't wait: school meals, after-school activities, seasonal clothing, medication -- everything keeps costing the same, but the income that was supposed to cover part of those expenses is no longer coming in.

If your ex has stopped paying child support, you should know that you have legal tools at your disposal. While managing shared expenses for your children is already complicated enough on its own, non-payment adds a layer of stress that must be addressed urgently. Spanish law takes the non-payment of child support seriously, and there are mechanisms to enforce it -- from civil proceedings to criminal ones. The key is to act with the right information and follow the appropriate steps.

Non-payment of child support is not just a civil breach. Article 227 of the Spanish Penal Code classifies the failure to pay court-ordered financial support as the criminal offence of family abandonment, carrying prison sentences of three months to one year or fines of six to twenty-four months.

Step 1: Document the non-payment

Before taking any legal action, you need solid evidence of the non-payment. This means gathering:

• Bank statements: Showing that the child support payments have stopped. Ask your bank for statements covering the last few months that clearly show the dates on which transfers should have been received.
• The court order or settlement agreement: The document recording the payment obligation, the amount, and the frequency. This is the foundation of any claim.
• A record of communications: If you have asked your ex for payment in writing (messages, emails, communications through a co-parenting app), keep all of it. It shows that you attempted to resolve the situation before going to court.

A tool like Niddo lets you keep an organised record of all communications with your co-parent relating to your children's expenses, making it easier to document communication in an orderly way that carries evidentiary weight.

Step 2: Send a formal payment demand

The first formal step is to send a payment demand. While it is not legally required before filing an enforcement claim, it is a recommended practice for several reasons:

• It demonstrates your good faith and your intention to resolve the matter amicably.
• It may be enough to get the other parent to resume payments, especially if the non-payment is due to an oversight or a short-term cash-flow problem.
• It strengthens your position before the judge if you ultimately need to go to court.

The demand can be sent by certified mail (burofax) with acknowledgement of receipt and content certification -- the most reliable way to prove that the other party has been notified. In the letter, state the months of unpaid support, the total amount owed, and a reasonable deadline (typically ten to fifteen days) to bring payments up to date.

If non-payment is due to genuine financial hardship

It is important to distinguish between deliberate non-payment and non-payment caused by a sudden change in financial circumstances (job loss, illness, etc.). If your ex is facing genuine financial hardship, the appropriate course of action for them is to request a modification of the court order to adjust the amount to their new situation. Until the judge modifies the amount, the payment obligation remains in force at the original figure. However, the context may influence how the judge weighs the case if it reaches court.

Step 3: Enforcement proceedings

If the payment demand has no effect, the next step is to file an enforcement claim (demanda de ejecución) with the court that issued the divorce order or approved the settlement agreement. This is the primary mechanism for recovering unpaid support.

What you need to file

• The final court order or approved settlement agreement establishing the payment obligation.
• Documentation proving non-payment (bank statements).
• A calculation of the amounts owed (unpaid months plus statutory interest).
• Representation by a lawyer and a procurador (both required in these proceedings).

How the process works

Once the claim is admitted, the court requires the debtor to pay within twenty days. If they do not pay voluntarily, the judge can order the seizure of assets and bank accounts. Enforcement measures include:

• Seizure of bank accounts: The amount owed is deducted directly from the debtor's accounts.
• Wage garnishment: The debtor's employer is ordered to withhold part of the salary to cover the support payment. The law protects the statutory minimum wage (salario mínimo interprofesional) from garnishment, but increasing percentages apply to earnings above that threshold.
• Seizure of assets: Vehicles, real estate, and other property may be seized to settle the debt.
• Interception of tax refunds: Income tax (IRPF) refunds can be redirected to cover the child support debt.

Timelines and costs

Enforcement proceedings involve costs including lawyers' and procurador fees. However, if the judge rules in your favour, these costs may be imposed on the debtor. Resolution times vary by court, but the payment order is typically issued within weeks, while seizure measures may take between one and three months to take effect.

Step 4: The Child Support Guarantee Fund (Fondo de Garantía de Pensiones de Alimentos)

If enforcement proceedings fail to recover the debt -- because the debtor is insolvent, has no attachable assets, or cannot be located -- there is a safety-net mechanism: the Fondo de Garantía de Pensiones de Alimentos, governed by the supplementary provision of Real Decreto 1618/2007.

Eligibility requirements

• A court-recognised child support order that has gone unpaid.
• A failed attempt at judicial enforcement, or a declared insolvency on the part of the debtor.
• The applying parent's income must not exceed a certain threshold (currently 1.5 times the IPREM, including the proportional share of two bonus payments).
• The children must be minors.

Amount and duration

The Fund guarantees a maximum of 100 euros per month per child and can be received for up to 18 months. It is a modest amount -- not designed to replace the full support payment, but to provide a minimum safety net while the situation is resolved. If the court-ordered support is less than 100 euros, the amount actually ordered is paid.

The Fondo de Garantía de Pensiones de Alimentos is a safety net, not a permanent solution. The amount is limited, but it can provide some relief while enforcement proceedings are under way or while the debtor is being located.

Step 5: Criminal complaint (last resort)

When non-payment is deliberate and persistent, and civil proceedings have not resolved the situation, a criminal complaint is an option. Article 227 of the Spanish Penal Code classifies the failure to pay court-ordered child support as the offence of family abandonment.

Requirements for the criminal route

• The support must be established in a final court order (a judgment or an order approving the settlement agreement).
• The non-payment must cover two consecutive months or four non-consecutive months.
• The non-payment must be voluntary -- meaning the debtor has the financial means to pay but chooses not to.

Criminal consequences

A conviction may result in:

• Prison sentences of three months to one year.
• Fines of six to twenty-four months.
• A criminal record.

In practice, prison sentences are frequently replaced by fines or community service for first-time offences involving relatively small amounts. Even so, the existence of criminal proceedings tends to have a significant deterrent effect.

Important: the criminal and civil routes are not mutually exclusive

Filing a criminal complaint does not mean giving up on civil enforcement proceedings. Both routes are compatible and can proceed simultaneously. The civil route aims to recover the debt; the criminal route aims to punish the breach. They are complementary.

How to protect yourself against future non-payment

Request direct deduction from payroll

If breach of the settlement agreement recurs, you can ask the judge to order the support to be withheld directly from the debtor's wages. This way, the employer automatically transfers the relevant amount to your account each month, without depending on the other parent's willingness to pay.

Keep an up-to-date record of all payments

Maintain a thorough log of payments received (and missed). A digital record of your children's expenses with dates and amounts will allow you to act quickly if non-payment happens again, without having to hunt for bank statements from previous months.

Know your rights

Child support is your children's right, not a favour your ex is doing for you. Do not feel guilty about claiming it. This is not a personal dispute -- it is the guarantee that your children's basic needs are met.

Act quickly and with the right information

Non-payment of child support is a serious situation that requires immediate action. The sooner you document the non-payment and set the legal mechanisms in motion, the sooner you can resolve it. Do not wait for months of arrears to accumulate hoping the situation will sort itself out.

Organise your documentation, seek specialist legal advice, and use tools that help you maintain a clear record of payments, communications, and expenses. Download Niddo for free to keep all information related to your children's expenses organised and accessible. Because when you need to make a claim, the difference between winning and losing often comes down to documentation.