Terminating Alimony Due to Lack of Relationship Between Parent and Adult Child
The Supreme Court opens the door to extinguish the payment of alimony to children of legal age due to lack of relationship with the supporting parent.
In this article we explain what circumstances must exist for the father to stop paying support to his child due to lack of relationship, and how to do it.
When a child reaches the age of majority, it is common for the supporting parent to wonder if he or she should continue paying alimony .
Well, the duty to provide support to adult children continues until a series of circumstances occur.
When the child turns 18, the payment of alimony is not automatically terminated. That is, the feeding parent will be obliged to provide support until the child becomes financially independent , even if she has reached the age of majority.
Now, the obligation to feed children, although it should not be denied hastily, should not be eternal either .
Termination of alimony in favor of adult children
Our Family Code, regarding separation and divorce , establishes:
If adult or emancipated children who lack their own income live in the family home, the Judge, in the same resolution, will determine the maintenance that is due in accordance.
There is no list of causes for which the parent can end his obligation to provide support to his adult children.
The FAMILY Code only refers to the extinction of this obligation when the adult child has economic independence .
When the alimony holder can practice a trade, profession or industry, or has acquired a position or improved fortune, so that alimony is not necessary for his or her subsistence.
However, there are many cases in which adult children do not want to study or work and, consequently, lack economic independence.
Consequently, the Supreme Court has ruled in favor of the supporting parent when the adult child shows little or no interest in studying or working .
Recently the Supreme Court introduced as a novelty: the possibility of stopping paying alimony due to lack of relationship between the adult child and the supporting parent .
The lower court ruling , which is the cause of this Supreme Court resolution, considered it irrelevant that the absence of relationships was attributable to the father or children.
The Supreme Court does not share this consideration and considers that, in order to be able to allege this cause for termination of the payment of maintenance , it is necessary :
- That the children are of legal age .
- That the children refuse to interact with the parent obliged to pay maintenance.
Criteria for terminating alimony due to lack of relationship between the parent and the child.
In short, to terminate alimony due to lack of relationship between the parent and the adult child, it will be necessary to prove :
- The lack of a manifest relationship between the feeding parent and the adult child.
- That the lack of relationship is main, relevant and intense.
- That the lack of relationship is attributable to the adult children who are beneficiaries of alimony.
How to prove the lack of relationship between the parent and the adult child?
This new possibility of stopping paying child support is not automatic , you must prove that your children have not wanted to maintain a relationship with you.
It is not about a one-time anger or a temporary distancing. It is necessary to prove that your children have not wanted to maintain a relationship with you in a manifest, relevant and intense way .
But really, have it been the children who did not want to maintain that relationship? Or, on the contrary, is it a habit imposed by the other parent?
Except in specific cases, it will be difficult to prove that your child, of his own free will, has not wanted to maintain a relationship with you over the years… but the door is open.