Child and spousal support when someone leaves Spain

Key rules

• Where to apply: If the payer is abroad, you file through the Spanish Ministry of Justice, which passes your case to the payer's country.
• EU decisions: EU maintenance decisions are enforceable in other member states without a declaration of enforceability.
• UK and US: Both use the 2007 Hague Convention route, with local agencies handling the case in the UK nation or US state.
• Cost: Child maintenance claims in the Hague system are free of charge.

Start with the Spanish central authority

If you live in Spain and the person who owes you maintenance lives abroad, you apply through the Ministry of Justice. Its international legal cooperation unit (Subdirección General de Cooperación Jurídica Internacional) is Spain's central authority. It checks your file, translates it if needed and sends it to the central authority in the payer's country. That authority then seeks recognition, enforcement or a new order, and collects the payments.

Which rules apply depends on where the payer lives. The decision block below helps you pick the route, and the documents list shows what to attach.

Payer in another EU country

EU rules apply. A maintenance decision from a country bound by the 2007 Hague Protocol, which includes Spain, is recognised and enforceable in other member states without a court declaration of enforceability (exequatur). The payer can ask for a review or for enforcement to be refused, but only in limited cases.

You file the standard EU forms with the central authority. Denmark is treated differently, so check it separately if the payer lives there.

Where you can bring a new claim: the courts of the country where the payer lives, where you live, or the court already handling a related status or parental responsibility case. You cannot agree a court in advance for maintenance for a child under 18.

Payer in the UK or the US

These two countries use a different route from the EU.

• UK: The 2007 Hague Child Support Convention has applied since 1 January 2021. Your application goes through the Spanish central authority to the UK central authorities. The 1956 New York Convention also links the two countries.
• US: The 2007 Hague Convention has applied since 2017. The federal child support office is the central authority. It passes your case to the state child support agency, which goes to the local courts.

Check which UK nation or US state is involved. The practical steps and timing differ between them.

You can also skip the central authority and hire a local lawyer in the payer's country to bring a private action. This is another route, not a replacement you must choose.

Payer in another country

For other countries, the route depends on whether that country is a party to the Hague or New York conventions. Under the 1956 New York Convention, the Spanish authority both sends and receives requests. Ask the Ministry of Justice which convention covers the payer's country.

Cost

Child maintenance claims under the Hague system are free of charge. Legal aid rules apply for other claims, such as spousal support.

Payer lives in Spain, order is foreign

You apply to the court of first instance (Juzgado de Primera Instancia) where the payer lives, with the certified decision.

• EU orders: use the EU standard forms.
• Hague 2007 orders: these are recognised under that Convention, also through the central authority.
• Other countries: the court must first recognise the order (exequatur), or a bilateral treaty such as the New York Convention applies.

Once the order is enforceable, the court can order enforcement (ejecución). This means attachment (embargo) of wages through the employer, bank accounts, tax refunds and property. Wages have a protected minimum, but for maintenance debts the court can attach below that limit.

Procedure and forms vary by origin country and court, so get legal advice before you file.

Choosing between options

Which route do you use to claim maintenance from a payer abroad?

• EU route: The payer lives in another EU country. Apply through the Spanish central authority under the EU maintenance rules; a decision from Spain is enforceable there without a separate declaration.

• UK route: The payer lives in the UK. Apply through the Spanish central authority under the 2007 Hague Convention, which applies to the UK since 1 January 2021, and it passes the file to the UK authorities.

• US route: The payer lives in the US. Apply through the Spanish central authority under the 2007 Hague Convention, in force since 2017; the US federal child support office passes it to the state agency.

• Private action with a local lawyer: You prefer to act directly against a payer in the UK or US instead of going through the central authority.

The payer's country of residence decides the route: EU country, UK or US.

Documents you need

• Your ID, as the person claiming maintenance in Spain.

• A copy of the maintenance order you want enforced.

• Proof of the unpaid amounts (arrears).

• The payer's details and address.

• Evidence of the payer's income and assets.

• The standard application form for the route that applies: the recommended Hague 2007 forms, or the forms annexed to the EU Regulation for EU cases.

Checklist

• Find out which country the payer lives in and whether it is an EU state, the UK, the US or another country.

• File your application with the Spanish Ministry of Justice, which acts as Spain's central authority for international maintenance claims.

• Attach the maintenance order, proof of arrears and the payer's address, income and asset details.

• For a payer in the UK or US, check which UK nation or US state agency will handle the case.

• If the order comes from a country outside the EU and the Hague system, ask the court for recognition of the order (exequátur) before enforcement.

Frequently asked questions

Do I pay to use the Spanish central authority for a child support claim?

No, applications for child maintenance under the Hague 2007 system are free of charge. For other kinds of claims, such as spousal support, legal aid rules decide whether you get help with costs.

Do I need a court declaration before enforcing an EU maintenance decision?

No, a decision from a country bound by the 2007 Hague Protocol, which includes Spain, is enforceable in other EU states without a separate declaration of enforceability. The debtor can still ask for review or refusal of enforcement in limited cases.

Can I hire a local lawyer instead of using the central authority for a payer in the UK or US?

Yes, a direct private action with a local lawyer in the UK or US is another route, besides applying through the Spanish Ministry of Justice. Which is better depends on the UK nation or US state involved.

Can wages be seized if the payer lives in Spain and owes maintenance?

Yes, once the order is enforceable the Spanish court can attach wages through the employer, bank accounts, tax refunds and property.