How to Stop child maintenance due to lack of interest in finding a job or studying. Legal advice by White-Baos Lawyers.

Child maintenance is definitely one of the most contentious aspects of divorce proceeding. We have previously addressed this situation in two articles. On one hand, a judicial success in which our firm successfully annulled a child support payment. On the other, the possibility of stopping alimony when there is no relationship between the parents and the children. Today we revisit this topic from a new angle: the possibility of stopping child maintenance due to the lack of interest in studying or working of the recipient of the alimony.

Let’s start by addressing one of the biggest misconceptions about this issue. Child maintenance does not end when a child reaches majority of age. According to the Spanish Civil Code (article 142) the alimony will continue as long as the beneficiaries have not completed their studies. However, there are several cases in which child maintenance may be terminated. In today’s article we will focus on those established in the third and fifth paragraphs of Art. 152 of the Spanish Civil Code:

Paragraph 3º states that child maintenance may stop when the beneficiary is able to exercise a profession. Paragraph 5 declares that the alimony will also stop if the beneficiary’s need for maintenance is due to his or her misconduct or lack of application. How does this work in practice? We analyse it below, through three court rulings that weighed in on this matter.

In a judgment handed down in 2018, the Spanish Supreme Court ruled that, after more than 10 years studying a science degree (and with no clear prospect of completing her studies) the child maintenance in favour of a daughter in her thirties should be terminated due to her lack of academic achievement. Along the same lines, several provincial courts in Spain have also stopped alimony payments in similar cases. In some rulings, annulling support to beneficiaries who were not actively seeking employment. In others, to alimony recipients that were enrolled in university, but did not take any exams (demonstrating a lack of interest and academic achievement).

Although the general rule states that child support does not end with the age of majority, each case must be studied individually. Under certain circumstances, alimony can be annulled. If you have any doubt regarding this matter, please do not hesitate to contact us. At White-Baos Lawyers, we will study your case and offer you expert legal advice on the subject.

You may be interested in the following services and articles:

The possibility of requesting the child maintenance modification to be paid to a minor. Due to the birth of a new child

SPANISH FAMILY LAW. DIVORCE AND SEPARATION IN SPAIN. Child support and maintenance during the holidays.

Is there a minimum amount that the parent who is not with the children (noncustodial parent) must pay as maintenance (child support)?

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Written by

Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.