A 60-year-old woman from Gijón managed to get justice. reimbursement of 7,443.05 euros she had paid to her ex-husband over several years as child support in favor of her daughterNow at 25, the young woman not only stopped living in her father’s house to move in with her boyfriend, but in addition, started working on hotel industry and there was a fixed contract. It was the decision of the seventh division of the Asturias State Court, which lifted the obligation to pay 200 euros per month imposed by the Gijón Family Court on the affected person, establishing this fee until 2022.
The case in question comes as a result of the divorce decision of the Gijón Court of Violence Against Women, in which the couple decided to stay and live with the father of their already underage daughter. At that time, the young woman was a student and it was determined that her parents would pay pocket money. 200 euros per month in child support, an amount that the parent will receive. Shortly after the separation of the spouses, “The girl from Gijón He broke off his relationship with his daughter.details Laia Duart Álvarez de Cienfuegos, the mother’s lawyer, who reported nothing about her life, neither her personal situation, her studies, nor her prospects of finding a job. She did not inform her father either.
This is the case, and after a while, the woman accidentally finds out that her daughter has started working in a restaurant in Gijón, and at that moment, go to the court to automatically extinguish the fixed alimony or set a limit for at least one more year. But he found that a Gijón Court of First Instance had issued a decision downplaying the fact that his daughter had stopped living with her father, and he also agreed. Obligation to pay child support for two more years in favor of his daughter.
No relationship
The woman appealed to the seventh division of the Gijón-based Provincial Court. During the forensic process, she presented evidence showing that her daughter no longer lives with her father for long (she started living with her boyfriend in March 2019), has been working in the hotel industry (doing her job) since 2017. From October 2019, 24 hours a week, with an income of approximately 1,000 euros per month) and no longer working with advantage. For all these reasons, it was insisted on the automatic deduction of the pension with the obligation of the father to repay the unjustly paid amounts, effective from the moment his daughter began to work and ceased to live with her father.
The Seventh Circuit court agreed with the Gijón mother, ruling in favor of the automatic termination of the mother’s obligation to pay child support and in favor of the daughter, further convicting the father. return the sums unfairly paid since his daughter stopped living with him. Specifically, from the decision date March 2019 to January 2022. This means the parent’s obligation to return the 7,443.05 euros he received from his ex-wife. “The Court, according to the Supreme Court’s case-law, the moment her daughter stopped living with her, the father had no right to receive alimony from the mothertherefore condemns them to extradition to the mother”, values lawyer Laia Duart.
Keys
- Divorce. When the marriage is dissolved, the now-age daughter chooses to stay with her father, for which the mother must pay a pension of 200 euros per month.
- Worked. The mother, who learns by coincidence that her daughter has started working in the hotel industry, asks for the alimony debt to be removed.
- Source. The woman manages to prove that she has a permanent job and lives with her partner, that is, she is no longer responsible for her ex-husband.
Source: Informacion
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