Can I stop paying child support?
No: you can't stop it unilaterally. Child support is a legal obligation of the parents covering the children's needs (maintenance, education, housing, health). You can't stop paying it on your own, even if you don't see the children (visitation and support are independent), even if you disagree with the other parent or even if your financial situation worsens. If circumstances change (you lose your job, the other parent's income rises, the child becomes independent), you must ask the judge to modify or end the support through a modification of measures; until the judge decides, the amount set remains in force. Support continues as long as the child needs it, even as an adult if not independent.
📋 The rules
- Child support is a legal obligation
- You can't stop paying it on your own
- Visitation and support are independent: not seeing them doesn't suspend it
- Only a judge can modify or end it
- Continues while the child needs it (even as an adult)
🔓 Exceptions
- Substantial change of circumstances: request modification at court
- Independent adult child, or not studying or seeking work in good faith: possible judicial end
- Agreement between parents court-approved
⚠️ Penalties & fines
Stopping child support on your own has serious consequences: the other parent can claim in court the unpaid amounts (with interest) and enforce the debt (garnishment of salary or assets). Repeated non-payment (generally two consecutive months or four non-consecutive) can be a crime of family abandonment, with fine or prison. So, if you can't pay the set amount, don't just stop paying: ask the court as soon as possible to modify the support, proving the change of circumstances. Meanwhile, the obligation remains.
📎 Official sources
- BOE · Civil Code (maintenance obligation, art. 142 ff.) →
- BOE · Criminal Code (family abandonment, art. 227) →
- Administración · Child support →
❓ Frequently asked
Can I stop paying support if I don't see my children?
No. Visitation and child support are independent: not seeing your children, for whatever reason, doesn't entitle you to stop paying support. If there's a problem with visitation, resolve it via the court, without suspending the support.
And if I can't pay the set amount?
Don't stop paying it on your own. You must ask the court to modify the support, proving the substantial change of circumstances (e.g. losing your job). Until the judge decides, the amount set remains in force and you must keep paying it.
Until when must support be paid?
While the child needs it. It doesn't end automatically at 18: it continues if the child is still studying or isn't financially independent. It can end, via the court, when the child becomes independent or doesn't train or seek work in good faith.
What happens if I stop paying?
The other parent can claim the unpaid amounts in court, with interest, and garnish your salary or assets. Repeated non-payment can be a crime of family abandonment, punishable by fine or even prison. The consequences are serious.
Can support change if circumstances improve or worsen?
Yes, but always via the court (modification of measures) or by a court-approved agreement between the parents. If the income or the child's needs change substantially, either parent can ask for the amount to be reviewed.
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