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Spanish law re supporting offspring

8 replies

liverpoolnana · 02/11/2020 11:53

A very long shot I know, but is there anyone who knows anything about Spanish family Law. please? I have tried googling but I may be misreading it. Briefly, my son had a long term relationship with a Spanish national in Madrid ad they have a son together who is now coming up 19. My son's finances aren't great, and part of his outgoings is maintenance for his son which he is paying to the mother as well as rent for their flat. My son is convinced that under Spanish law he is obliged to pay maintenance for as long as his son needs it with no end date. Is he correct?

OP posts:
liverpoolnana · 02/11/2020 12:05

Sorry I didn't mean to enable voting I thought i was closing it.

Also, I have asked HQ to kindly put another F in 'ofspring' . I knew I should have listened to the little voice telling me to proof read twice.

OP posts:
SpaceRaiders · 02/11/2020 12:13

Surely your sons, son is your grandson? It’s really irrelevant how fleeting that relationship was 18 years ago.

Hopeisnotastrategy · 02/11/2020 12:15

I couldn't find anything about this in my basic Spanish law book, but would suggest asking the Citizens Advice Bureau in Spain. Their website is Citizensadvice.org.es, and they also take questions on Facebook.

LouiseTrees · 02/11/2020 12:19

Yep. He’s right ish.

Spanish law re supporting offspring
Spanish law re supporting offspring
ZoeTurtle · 02/11/2020 12:33

Whether he's "obliged" to or not, of course he should support his son. Keep your beak out.

SafferUpNorth · 02/11/2020 12:41

OP, even though you're probably concerned for your son, you realise you're coming across terribly heartless and selfish, right? This 19-year-old in Spain is your GRANDSON, no matter the circumstances of his conception. Surely you'd want the best for him too? Do you even have a relationship with him? Sadly it sounds as if both you and your son are trying to divest yourselves of your responsibilities.

2bazookas · 02/11/2020 13:08

www.mylawyerinspain.com/blog/divorce-spain-child-maintenance/

"
"Child maintenance in Spain has to be paid until children are over the age of 18 years or until they become financially independent."

liverpoolnana · 02/11/2020 17:27

Thank you for your helpful replies Louisetrees and 2bazookas.
It's an interesting system as it sounds like theoretically, a fifty year old can still expect maintenance from his or her pensioner parents but surely that can't be the case. There doesn't seem much incentive to get a reasonable job if the parent has to continue paying rent and food etc. expenses if the offspring has a low income,, (to the tune of around £900 (950 euros) per month, in my son's case)..
Zoeturtle and Safferupnorth, would you be happy with that open -ended commitment? There was no need for nasty comments. You have no knowledge of how we have subsidised his mother so far, even paying 8000 euros for her gastric band op as her weight was getting her down so much. We calculate we have sent twenty thousand to help out over the years.
I suggest it is better to concentrate on answering the question asked, which was a technical one about Spanish family law, provided that you are qualified to answer, rather than being wrongly judgmental. I did not include personal details in my original post as it did not affect the question asked.

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