Entitlement

When Is an Adult Child Entitled to Maintenance?

Spanish law draws a clear distinction between the maintenance payable for a minor child and that payable for a child who has already reached the age of majority.

In the case of minors, the obligation arises directly from parental responsibility (patria potestad) and constitutes a mandatory legal duty imposed upon both parents under Articles 92 and 93 of the Spanish Civil Code. By contrast, maintenance for adult children has a different legal basis. In these cases, the obligation derives from the principle of family solidarity, as reflected in Articles 93.2 and 142 of the Spanish Civil Code, and subsists only where the child continues to require financial support for reasons that are not attributable to him or her.

Article 93.2 of the Spanish Civil Code expressly provides:

This provision reflects a fundamental principle: reaching the age of majority does not, in itself, terminate the right to maintenance. The decisive factor is whether the child continues to lack sufficient financial resources and remains in a genuine position of economic need.

That protection, however, is not unlimited. Spanish case law consistently requires the adult child to act diligently, both in pursuing his or her education and in making genuine efforts to obtain employment. The Provincial Courts have repeatedly held that a passive attitude or an unjustified lack of interest in entering the labour market may justify the termination of maintenance.

Conversely, where the child is employed but earns insufficient income to achieve genuine financial independence, the courts may decide to maintain the maintenance obligation or, where appropriate, reduce its amount to reflect the child’s own financial resources.

Ultimately, the obligation to provide maintenance for an adult child always depends upon an assessment of the particular circumstances of each family, and there are no automatic or inflexible rules.

Age Limits

Until What Age Must Maintenance Be Paid?

One of the questions most frequently raised is whether there is a maximum age beyond which maintenance automatically comes to an end.

The answer is no. The Spanish Civil Code does not establish any age limit.

Nevertheless, judicial practice has developed a relatively consistent approach. Although every case must be assessed on its own facts, Spanish courts generally regard the age of 25 as a useful benchmark from which it may reasonably be presumed that a child should have achieved a degree of financial independence.

This does not mean that maintenance automatically ceases once the child reaches that age. The courts continue to examine the particular circumstances of each case. Maintenance may therefore continue where the child remains engaged in education with reasonable academic progress, suffers from an illness or disability that limits access to employment, or where other exceptional circumstances have been properly demonstrated.

On the other hand, where the child has completed his or her education and has genuine opportunities to enter the labour market, the maintenance obligation may come to an end even before the age of 25.

The approach adopted by the Spanish courts seeks to strike a fair balance between the principle of family solidarity and the need to encourage the personal and financial independence of adult children.

Legal Standing

Who May Claim Maintenance on Behalf of an Adult Child?

Another issue that frequently gives rise to uncertainty is who has legal standing to claim maintenance for an adult child.

Article 93.2 of the Spanish Civil Code grants the parent with whom the adult child resides what Spanish law refers to as legitimación por sustitución (substitutive legal standing). This enables that parent to claim maintenance within the divorce, separation or variation of measures proceedings.

This legal mechanism serves a practical purpose. It is the cohabiting parent who continues to bear the day-to-day costs of supporting the child, including housing, food, utilities and other essential living expenses. It is therefore logical that this parent should be entitled to seek the corresponding financial contribution from the other parent.

This interpretation has recently been reaffirmed by the Spanish Supreme Court in Judgment No. 92/2024 of 24 January 2024, in which the Court confirmed that the cohabiting parent does not require a power of attorney or any express authorisation from the adult child in order to bring a claim for maintenance. The parent’s legal standing arises directly by operation of law, provided that two essential requirements are met: first, that the child continues to reside in the family home; and secondly, that the child lacks sufficient independent financial resources.

The Supreme Court further clarified that it is also the cohabiting parent who is entitled to receive and administer the maintenance payments for the purpose of meeting the child’s needs.

This legal standing comes to an end once cohabitation ceases. If the adult child establishes an independent residence, he or she must personally bring any claim for maintenance under the general provisions contained in Articles 142 and following of the Spanish Civil Code, unless the child formally appoints the parent to act on his or her behalf.

Calculating the Amount

How Is the Amount of Maintenance Calculated?

The amount of child maintenance is not determined according to a fixed scale. Instead, it is governed by the principle of proportionality, enshrined in Article 146 of the Spanish Civil Code, which provides:

This principle requires the courts to undertake a genuine assessment of proportionality between the paying parent’s financial capacity and the actual needs of the child.

In doing so, the courts consider a wide range of factors, including the income and financial resources of both parents, their available assets, the standard of living enjoyed by the family prior to the separation, the existence of other dependent children, and any particular needs arising from the child’s education or health.

As a general guideline, judges may refer to the Advisory Child Maintenance Tables published by the General Council of the Judiciary (CGPJ). These tables are not legally binding, however, and the court may depart from them whenever the specific circumstances of the case justify a different outcome.

Spanish case law has also made clear that a parent’s financial capacity should not be assessed solely by reference to his or her declared income. Where there are sufficient indications that the parent enjoys greater financial resources—for example, because of his or her actual lifestyle or the existence of companies effectively under that parent’s control—the courts may take a broader view of his or her true economic position.

Termination

When Can Child Maintenance Be Terminated?

Maintenance payable for an adult child is not an indefinite obligation. Its continuation depends upon the circumstances that originally justified the award remaining in existence.

The most common grounds for terminating maintenance include the child obtaining sufficient income to support himself or herself, securing stable employment, voluntarily leaving the family home, or completing his or her education and having genuine opportunities to enter the labour market.

Similarly, Spanish case law has consistently held that a lack of commitment to studies or a persistently passive attitude towards seeking employment may justify bringing the maintenance obligation to an end, on the basis that the child’s financial need has become attributable to his or her own conduct.

Ultimately, the obligation to provide maintenance cannot become a permanent and unconditional entitlement. Spanish law protects adult children while they remain genuinely financially dependent through no fault of their own, but it also requires them to take reasonable steps towards achieving personal and financial independence.

Change of Circumstances

What Happens if the Financial Circumstances Change?

Child maintenance is not an immutable measure. On the contrary, Spanish Family Law recognises that personal, family and financial circumstances may change over time. Consequently, maintenance arrangements established in a court judgment may be varied where there has been a substantial, relevant and non-temporary change in the circumstances that were taken into account when the original order was made.

In such cases, either parent may apply to the court for a variation of measures (modificación de medidas), requesting that the maintenance order be reviewed.

The court may decide to increase, reduce or even terminate the maintenance obligation, depending on the particular circumstances of the case. Among other factors, the court will consider changes in the financial circumstances of either parent, any increase or reduction in the child’s needs, the child’s attainment of financial independence, or any other relevant circumstance justifying a review of the original order.

Likewise, a variation may be sought where the adult child has become financially independent, has discontinued his or her studies, has left the family home, or where other circumstances arise which justify bringing the maintenance obligation to an end.

It is important to bear in mind that none of these changes may be implemented unilaterally. Until a new court order has been obtained, the parent responsible for paying maintenance remains legally obliged to comply with the existing judgment or court-approved agreement.

Non-Payment

What Happens if Child Maintenance Is Not Paid?

Failure to comply with a child maintenance order may give rise to significant consequences under both civil and criminal law.

From a civil law perspective, the parent entitled to receive maintenance may initiate enforcement proceedings, seeking payment of the outstanding sums together with the applicable statutory interest. Depending on the circumstances, the court may also order the attachment of the debtor’s salary, bank accounts or other assets.

However, Spanish law goes one step further. The legislature considers the persistent non-payment of maintenance to be sufficiently serious to constitute a criminal offence in certain circumstances.

Article 227(1) of the Spanish Criminal Code provides:

Accordingly, the continued failure to comply with a judicial maintenance order may lead not only to civil enforcement proceedings but also to criminal prosecution.

Furthermore, Article 227(3) expressly states:

In other words, a criminal conviction does not replace the obligation to pay the outstanding maintenance. On the contrary, the debtor remains fully liable for all unpaid amounts, irrespective of any criminal penalty imposed.

International Cases

What Happens When There Is an International Element?

In an increasingly international society, it is common for one of the parents—or even the adult child—to move to another country following a family breakdown.

In these situations, in addition to the provisions of the Spanish Civil Code, the applicable legal framework may include rules of private international law, most notably Council Regulation (EC) No. 4/2009 on maintenance obligations. This Regulation determines which courts have international jurisdiction to hear maintenance disputes and facilitates the recognition and enforcement of maintenance decisions throughout the European Union.

Accordingly, where an international element exists—for example, if one of the parents resides abroad or maintenance must be claimed in another country—it is advisable to obtain specialist legal advice in order to determine the applicable law, the competent court and the most appropriate legal procedure.

Conclusion

Conclusion

Child maintenance for adult children is a legal mechanism designed to protect those who, despite having reached the age of majority, have not yet achieved genuine financial independence for reasons beyond their control.

That said, the obligation is not unlimited. Both the Spanish Civil Code and the case law of the Spanish Supreme Court seek to strike a fair balance between the principle of family solidarity and the responsibility of adult children to make genuine efforts towards achieving personal and financial independence.

Similarly, the financial circumstances of either parent and the needs of the child may evolve over time. For this reason, Spanish law allows maintenance arrangements to be reviewed whenever there has been a substantial change in the circumstances that justified the original order.

If you live in Mallorca, Ibiza or elsewhere in the Balearic Islands, and require advice regarding the establishment, variation or termination of child maintenance for a minor or adult child, obtaining specialist legal advice is essential. Every family situation is unique, and a careful assessment of the specific circumstances will help ensure that the most appropriate legal solution is adopted in accordance with Spanish law.