Best Child Support Lawyers in Bilbao

About Child Support Law in Bilbao, Spain

Child support in Bilbao follows Spanish family law principles with procedures applied by courts in the province of Biscay. The basic rule is that both parents are legally obliged to contribute to the maintenance, education and welfare of their children according to their means and the childs needs. Support can arise after separation or divorce, after a judicial determination of paternity, or by voluntary agreement between parents. Courts in Bilbao set, modify and enforce support orders when parents cannot reach a binding agreement.

Why You May Need a Lawyer

Family law and child support matters involve legal rights, procedural steps and financial assessments that are often complex. You may need a lawyer if you face any of the following situations:

- You need a clear, enforceable agreement or a court order for monthly maintenance.

- The other parent refuses to pay or makes late or partial payments.

- You must open or defend a case to establish paternity or parental responsibility.

- Circumstances have changed and you want to request a modification of support - for example a significant change in income, a change in custody, or increased child needs.

- Cross-border or international enforcement is required - for example when a parent lives in another EU country or outside the EU.

- You want to include provisions for extraordinary expenses like medical care, school fees or extracurricular activities in a binding order.

Local Laws Overview

Key legal and procedural points that matter in Bilbao:

- Applicable law: Family and maintenance obligations are governed primarily by the Spanish Civil Code and interpreted by Spanish courts. Procedural rules follow the Ley de Enjuiciamiento Civil - LEC. International maintenance cases may be governed by EU regulations on maintenance obligations.

- Court competence: Family and maintenance cases are typically handled by the Juzgados de Primera Instancia in the place where the child or defendant resides. Bilbao courts apply national law together with any applicable regional rules.

- Calculation and content: Spanish law does not use a single national formula. Judges assess the childs reasonable needs and each parents ability to pay. Support usually covers food, housing, clothing, health care and education, and can include contributions to extraordinary expenses.

- Duration: The general rule is support until the child reaches majority. Support can continue beyond majority if the child is still financially dependent due to studies or disability. Courts decide case by case.

- Agreements and provisional measures: Parents can sign a private agreement, which is normally submitted to and homologated by a court during divorce or separation proceedings to become enforceable. Courts can also adopt provisional measures to provide immediate support while the main case proceeds.

- Enforcement: Non-payment can be enforced through civil execution procedures under the LEC - garnishment of wages, seizure of bank accounts, or other enforcement measures. In serious cases persistent non-payment may trigger criminal investigation, though civil enforcement is the primary route.

- Local services: Bilbao and the Basque Government provide social and mediation services that can help reach agreements and assist families in understanding their rights. Legal aid is available for eligible people through the regional legal aid system.

Frequently Asked Questions

What is child support and who is required to pay it?

Child support is a legal obligation for parents to provide financial contributions for their childs maintenance and upbringing. Typically the non-custodial parent pays a monthly amount to the custodial parent, but arrangements vary with custody and visitation agreements. Both parents must contribute in proportion to their incomes and the childs needs.

How is the amount of child support decided in Bilbao?

There is no single statutory formula. Judges evaluate the childs basic and extraordinary needs, the custodial parents contribution, and each parents income and financial responsibilities. Courts may consider housing, education, health expenses and the childs age. Parties can propose a figure by agreement, which the court may homologate.

How long must a parent pay child support?

Support normally continues until the child reaches 18 years of age. It can continue after majority if the child is still dependent - for example during full-time studies or if the child has a disability that prevents financial independence. The specific duration is set by agreement or court order.

Can I request a change in child support if circumstances change?

Yes. A change of circumstances - significant changes in income, employment, custody or the childs needs - can justify a modification petition to the court. You must present evidence of the change and request the court to review and vary the existing order. Temporary or provisional measures can also be requested while the modification is decided.

What can I do if the paying parent stops paying?

If payments stop, you can request enforcement before the court that issued the order. Civil enforcement tools include wage garnishment, bank account seizures and other execution measures under the LEC. You should keep records of missed payments. In serious and prolonged non-payment cases criminal proceedings may be possible, but civil enforcement is the more common path.

How is child support handled when the parents were not married?

Unmarried parents have the same maintenance obligations. First the child’s paternity or maternity must be established if it is not officially registered. Once parentage is established, the court can order maintenance or parents can reach a private agreement and have it homologated by a court to make it enforceable.

Do I need a court order or can parents agree privately?

Parents can reach a private agreement about maintenance and divisions. To have clear enforceability, agreements are normally submitted to a court and homologated as part of divorce or separate approval proceedings. A court order or homologated agreement is the strongest tool for enforcement if payments are not made.

What documents will I need to start a child support claim?

Common documents include the childs birth certificate, proof of paternity if needed, each parents ID, proof of income - payslips, tax returns, employment contracts - evidence of regular expenses for the child - school invoices, medical bills, receipts - and any existing custody or court agreements. A lawyer will advise about additional evidence specific to your case.

Can child support be enforced if the paying parent lives in another country?

Yes. Within the EU, Regulation (EC) No 4/2009 and related rules simplify recognition and enforcement of maintenance decisions. For non-EU situations, international conventions or bilateral agreements may apply, and courts can use international legal assistance channels. Cross-border cases are more complex and usually require legal assistance and coordination with central authorities.

Is legal aid available for child support cases in Bilbao?

Yes. Spain provides legal aid - asistencia jurídica gratuita - for people who meet income and other eligibility criteria. Applications are processed through the local Colegio de la Abogacía and relevant government offices. If you qualify, legal aid can cover lawyer fees and procedural representation. Local social services can help you find out whether you are eligible.

Additional Resources

Some local and national resources to consult or contact when you need help:

- Colegio de la Abogacía de Bizkaia - the local bar association can help you find lawyers who specialise in family law and inform about legal aid procedures.

- Juzgados de Primera Instancia in Bilbao - the courts that handle family law and maintenance procedures.

- Gobierno Vasco - Basque Government family and social services provide information on parental support, mediation services and social assistance.

- Ayuntamiento de Bilbao - local social services and family support programs that can advise and refer families to mediation and legal help.

- Ministerio de Justicia - national information on family law, procedures and documentation.

- Instituto Nacional de la Seguridad Social - for information on benefits that may affect maintenance claims or provide temporary assistance to children.

- Family mediation centres and NGO family services - local mediation helps reach agreements without full litigation, often quicker and less costly.

- Defensor del Pueblo - for systemic complaints about public administration or rights protections if needed.

Next Steps

1. Gather essential documents - childs birth certificate, IDs, proof of paternity if needed, recent payslips, tax returns, bank statements and records of child expenses.

2. Try a mediated or negotiated agreement if both parents can cooperate - this can save time, cost and conflict. Use local mediation services if available.

3. If agreement is not possible or enforceability is needed, contact a family law lawyer in Bilbao. Ask whether you qualify for legal aid before hiring private counsel.

4. Your lawyer will advise whether to seek provisional measures for immediate support, file a petition before the Juzgado de Primera Instancia, or pursue enforcement or modification of an existing order.

5. Keep records of all payments and communications, and respond promptly to court requests. If the paying parent moves abroad, inform your lawyer early - international procedures require additional steps.

Taking these steps will help protect the childs financial security and give you a clear procedural path in Bilbao to obtain, modify or enforce child support.