The Spanish Constitution imposes a duty of care and ensures children and the separation or divorce do not exempt parents from these obligations. If there is no agreement of the parties, the judge, in any event, will determine the contribution of each parent to satisfy the food and take appropriate measures to ensure the effectiveness and accommodation benefits to economic circumstances and needs of children at each moment.
If you live together in the family home adult children or emancipated lacked own income, the judge in the same resolution, shall determine the foods that are due.
Food doesn’t just mean food, but everything that is essential for the sustenance, housing, clothing, education, medical care, etc.
Thus, the separation or divorce ruling handed down after the completion of the corresponding procedure will determine the spouse who is obliged to pay the alimony, the amount, the bases or criteria for updating – usually will be updated according to the IPC, and form and period of payment.
The law does not establish an amount, whereby the amount is set by the court attending to the revenues required to pay it and the needs of the spouse / beneficiary of it. For this purpose an analysis of labour and economic position that maintains the obligor it’s compulsory.
Finally, the obligation of payment of an alimony is set by judgment and, Naturaly, the failure to comply allows the beneficiary to bring proceedings of execution and, where appropriate, the seizure of assets and rights required to meet the pension. Also, the non-payment of alimony may constitute a crime of neglect of family defined in Article 227 of the Criminal Code, it may cause deprivation of parental rights and constitutes just cause for disinheritance of heirs.