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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5984
Experience:  Spanish Attorney
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I need some advice regarding paternity, child maintenance &

Resolved Question:

I need some advice regarding paternity, child maintenance & visitation rights. I am English, living in the UK and had been dating a Spanish citizen who is living in Spain. The relationship has been deteriorating and we were/are going to separate but she has now informed me that she is pregnant. The pregnancy has happened against the odds and is completely unexpected.
I would like to know what my rights are and what I would be expected to pay in child maintenance (and any additional payments) if we are separated?
She has told me that if we separate I will not know anything about her and the child until I am contacted by her solicitor.
I already have two teenage children that I pay maintenance for in the UK from my previous relationship. One of them turns 18 this year and will no longer be eligible for maintenance payments but it is likely he will come and live with me once he leaves school. I see them both regularly at the moment.
Can I order an official paternity test when the child is born?
Is there a process to appeal the amount claimed? Will the amount I already pay in the UK be taken into account and/or effected?
My understanding is that the way maintenance is calculated differs between the UK and Spain. Could this mean I am paying vastly different amounts for different children? Can I use the UK system to calculate amounts so that all children are treated equally?
Can the mother to be request an increase is money when she wishes? When do child maintenance obligations end?
I expect that visitation to Spain would be minimal or non-existent given the distance and I expect the mother would be uncooperative.
The mother to be owns her own property in Asturias and has not worked (other than for a few weeks) in the last couple of years.
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi there

José M. :

José M spanish attorney

José M. :

The first step to do is just wait until the minor becomes real.

José M. :

If is does not happend at all the case will be over

José M. :

Once the minor is real she could demand you or not the child support

José M. :

If she does, you could them to ask for the paternity probes

José M. :

You will not have rights or obligations until a judge says you the other thing based on the patermity test results

José M. :

Once the test will be done and positive, she could demand you just money ( You do not have to visit the minor if you do not want and you do not have to live with her neither )

José M. :

The end of your obligation to pay will be when the minor has money enought for him self or neither study or work. So it could be over 18/20 if he studies and do it well

José M. :

You just will heve to pay for the minor ( 20 per cent of your incomes, more or less) and youcould demand to pay less if you can not affort it really

José M. :

The mother could not demand more money for the minor in future as a regular law

José M. :

You do not have to pay her any money different from child support as long as I suppose she never lives with your incomes and she could work if she wants

José M. :

Please let me know if you have more doubts and write them please

Customer:

I will already be paying 20% of my income to my ex partner (separated, soon to divorce) for my child in the UK (the older one will be living with me). Does this have any bearing on the amount I would pay?

Customer:

Surely I would not be paying 40% of my income in child maintenance?

José M. :

Yes, it will be considered in court. First you two will have the chance to make an agrement and if you two fail the judge will decide and them you will have the chance to tell him your personal situation

Customer:

How much would I pay in maintenance for two children in Spain, is there a guideline percentage?

Customer:

e.g 20% for one child, 25% for two.....

José M. :

There are tables

José M. :

http://www.poderjudicial.es/cgpj/es/Poder_Judicial/En_Portada/Tablas_orientadoras_para_determinar_las_pensiones_alimenticias_de_los_hijos_en_los_procesos_de_familia_elaboradas_por_el_CGPJ

José M. :

The factors to calculate them are on the incomes of the parents

José M. :

How much is your annual income ?

José M. :

Also you have a program to calcualted the (+/-)

José M. :

http://pensionesaa.poderjudicial.es/pensionesaa/

Customer:

£47k before tax

José M. :

After taxes I need

Customer:

£33.5k approx

José M. :

About 450/600 euros In your case as you are paying in Uk for two more sons you coulkd fight to pay just 450

Customer:

Thank you for your help

José M. :

Thank you

José M. :

If you do not have more doubts I gently ask for a good rate of the service

José M. :

Have a good day

Customer:

Thank you. Have a great day

José M. and other Spain Law Specialists are ready to help you

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