Pensión de alimentos: tendencia europea a las tablas

Abstract

The calculation of child maintenance in Spain lacks guidance or criteria to assist in stabilizing the amount to pay. There are other aspects that derivate to take into account when stabilising Child Maintenance, such a "variation measures" which are not regulated by the law, it is therefore necessary in these cases to look into the Spanish Court´s precedents. The recent guidance published by the CGPJ to regulate the quantity of maintenance, would bring a similar system to those currently in place in other European States such as the English system. This systems would be discussed in the content of this article. The approach in other European States is that the final amount is based on theincome of the non-resident parent. Other relevant factors which will be taken into account include the number of children involved and the income of the resident parent. The objective of this article is to examine the proposed law to be implemented in Spain and contrast it with the way the English legal system operates in this respect. This will provide a good base for establishing how to apply the proposed Spanish law in practice. The other aim of the study is to explore the proposed changes in line with the current social climate inSpainand whether the new law will be well adapted as well as identifying whether or not this system has derived from the practices of surrounding countries.

Keywords

• Child Support
• Child maintenance
• Tables
• CGPJ
• Rules
• English system
• Determination
• Quantity