Deciphering Alimony for Adult Children: Guidelines for Payment Duration and Termination
The payment of alimony to adult children generates great uncertainty in the event of divorce .
If you are going to get divorced or are divorced, you have surely asked yourself:
- Do I have to pay alimony to my adult children if I get divorced?
- Until when do I have to pay the alimony established in a separation or divorce decree ?
- When can I request that my adult child’s alimony be terminated ?
- What do I have to do to not continue paying for child support for my adult child?
Stay with us and we will clear all those doubts for you .
When should I pay alimony for adult children?
The alimony includes everything necessary for sustenance, housing, clothing and medical care .
The education and academic training of children are also included in food.
Therefore, the fact that a child (alimony holder) reaches the age of majority is not, in itself, a reason to stop paying alimony .
The answer to this question is found in the family Code:
Food also includes the education and instruction of the obligor while he is a minor and even afterward when he has not completed his training for reasons not attributable to him.
The Judge, in any case, will determine the contribution of each parent to cover maintenance and will adopt the appropriate measures to ensure the effectiveness and accommodation of the benefits to the economic circumstances and needs of the children at all times.
- If you are divorced and your child turns 18, you will continue to pay the judicially established alimony until he or she has his or her own income .
- If you are getting divorced and have children of legal age, alimony will be judicially established in their favor if they do not have their own income .
Now, this obligation to pay maintenance to adult children is not indefinite .
Until when do I have to pay alimony for my adult child?
Adult children do not have the right to receive the pension indefinitely and unconditionally .
In general, the obligation to provide maintenance will end when your child can meet his or her financial needs independently .
Now, this general rule has an exception, that the child of working age does not want to study or work .
You will stop paying alimony to your adult children or you will not have to pay it when:
- Your child of working age has financial independence and can survive on his or her own .
- Your working-age child is not working or studying due to lack of dedication and/or bad behavior .
The obligation to provide food will also cease:
When the alimony holder is a descendant of the person obliged to give alimony, and the former’s need arises from misconduct or lack of dedication to work, as long as this cause subsists.
That is, when the adult child does not have his own income due to his lack of interest, he will lose alimony .
In this way, it is about preventing children from becoming parasites and adjusting to an easy life.
Therefore, if your child of working age does not work or study because he does not want to, his child support may be terminated .
What should I do to suspend payment of support to my adult child?
You cannot simply stop paying the judicially established alimony .
In any case, you must initiate a judicial procedure to modify measures .
It is essential that you prove the change in concurrent circumstances when setting your child’s alimony:
- If the adult child has a job , you will have to prove the existence of the job.
- If the adult child has not finished his training due to laziness and carelessness , you must prove these extremes .
In conclusion, the obligation to pay child support is not for life and maintaining it will depend on your attitude to having economic independence.
If your child is not financially independent or does not study or work by his/her own wish, you can request the termination of alimony .
Furthermore, another assumption that allows alimony to be extinguished is based on the lack of relationship between parent and child .
Now, circumstances change from one case to another, so we recommend that you seek advice from a good family lawyer .
The importance of advising you with expert family lawyers
A lawyer specializing in family law will have greater training and experience in the subject, which will help them find the best possible solution for your interests .
An expert family lawyer will have advised and defended the interests of multiple clients in your same situation , so they will be able to advise you with the maximum guarantees.