The Spanish Constitutional Court in its Ruling 2/2024 15th January declared void of a decree of the Court of First Instance no. 3 of Getafe in a divorce case, as well as the ruling on appeal in the same case by the 24th Section of the Provincial Court of Madrid, for infraction of the fundamental right of the plaintiff to effective judicial protection, ensuring that no party suffers a violation of due process or the right of defence.
Spanish Constitutional Court child maintenance ruling: Why the 10% income decision was declared void
Both judgments had set the amount of the father’s contribution to the maintenance of his underaged child at ‘10% of the parent’s monthly income’. However, only the wife’s income was accredited, and the amount of the father’s income remained ignored. Now the Constitutional Court remaks that, ‘it is not possible to know in any way how much is that 10% in real money’. Thus, it is also not possible to know whether this 10% will be sufficient to cover the needs of the child, or whether, on the contrary, it will be a disproportionate amount. Furthermore, the Constitutional Court observes that for the determination of the maintenance obligation, not only the income of the obligor is relevant, but also his or her assets, since in the event of non-compliance, enforcement could be carried out on his or her assets.
The lack of knowledge of the financial capacity of the respondent, due to his own conduct in evasion of his parental duties, should not have been an obstacle for the Court’s judgment, or on appeal by the Provincial Court, to set a liquid amount sufficient to meet the needs of the child. For this reason, the Constitutional Court declared the infringement of the applicant’s fundamental right to effective judicial protection without defencelessness, and declared void the contested decisions, ordering that the case be taken back to the time immediately prior to the issuing of the Court’s decision and that, in its place, another decision be handed down that does respect the fundamental right that has been infringed.
Practical implications of the Spanish Constitutional Court child maintenance ruling
This Spanish Constitutional Court child maintenance ruling reinforces the requirement that courts must determine the parent’s real income and assets before fixing maintenance as a percentage. Judges cannot rely on abstract formulas without factual economic assessment, as doing so may infringe due process and the right to effective judicial protection. The decision strengthens procedural safeguards in family law litigation and increases the evidentiary burden in maintenance proceedings.
Legal strategy in child maintenance proceedings in Spain
Following this Spanish Constitutional Court child maintenance ruling, parties involved in maintenance disputes must ensure that financial evidence is thoroughly documented. Failure to properly assess income and assets may lead to appeals and even constitutional challenges. Legal representation is essential to safeguard procedural guarantees and to avoid decisio
Need legal advice on child maintenance proceedings in Spain?
If you are involved in child maintenance litigation in Spain, it is essential to ensure that your procedural rights are fully protected. The recent Spanish Constitutional Court child maintenance ruling confirms that economic capacity must be properly assessed before maintenance is fixed.
As a Lawyer experienced in Spanish family law and litigation, I provide strategic legal advice in complex maintenance disputes, safeguarding due process and effective judicial protection. Early legal intervention can prevent decisions that may later be declared void.
