Spain eases access to child-maintenance advances for non-EU children

From 21 October 2026, eligible non-EU children can access Spain’s Fondo de Garantía del Pago de Alimentos after two years of legal residence immediately before applying, replacing the previous five-year requirement. Royal Decree-law 31/2026 also removes the condition that the child’s country provide reciprocal protection to Spanish nationals.

For children under two, the residence period applies to the person with custody. Where that person is Spanish, the child only needs to be legally resident when applying; no previous residence period is required.

This concerns advances on court-recognised, unpaid child maintenance. Household income limits and the fund’s other eligibility requirements still apply. Families previously excluded by the residence or reciprocity conditions may therefore wish to check their eligibility under the amended rules.

Source: Real Decreto-ley 31/2026, Article 8 and final provision 4 (BOE-A-2026-21872) · Published 21 October 2026 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-21872

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Eligible non-EU children may qualify after two years of legal residence, subject to custody exceptions, household income limits and other fund requirements.