Young “lullabies” left without it Alimony those who flaunt their laziness by not working or studying, and conversely those who deserve a higher monthly allowance for working hard in their education despite being of legal age. Inside family court proceedings The scenarios and forensic criteria are extremely diverse. Like life itself. A clear example is a sentence just given by the court. Sixth Division of the Vigo-based Pontevedra County CourtHe Increases the monthly allowance a divorced father must pay to his two children, aged 21 and 23, because they are still studying and their expenses are high. One does this in Santiago de Compostela, the other has to pay for an academy and sports club.
The first sentence of the 12th Court of First Instance of Vigo, which specializes in the family, was delivered in July 2021. marriage divorce and a child support pension of 300 euros each, to be paid by the father, for the two adult children of the former spouses. The mother appealed on the grounds that the youth’s needs were “not properly taken into account”, not considering that they were still studying.and indeed the parent had already been paying a higher amount since the cohabitation ended, creating “confidence” in the children that it would continue to do so in the future.
The father did not oppose the appeal, but remained in “default in the proceedings” as stated. The fact is that after the appeal, Court of Vigo agrees with mother. Annual net income approx. 40.000 Eurosthe judges think this man can afford the monthly expense and increases the pension to 500 euros for each of their children – 200 euros more than determined by the Family Courtseeing as they both document the expenses they have to face each month.
Accommodation and other expenses
One of the young people studies in Santiago de CompostelaTherefore, the judges “expenses for housing, care outside the home, travel, clothing, entertainment and other [gastos] typical for his age.” Meanwhile, her brother has to pay 200 euros a month for the academy, which is added to the gym, among other things. However, the court considers it “quite illuminating” that the father received amounts of up to 1,000 euros per month for his two children prior to the divorce and as a result of the legally and officially agreed separation. in terms of “needs” academic education et al., “measures them in said total.” therefore cancels the first decision and the originally set amount is increased.
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Legal principle of family solidarity
For children who are of age but are economically dependent, the care pension falls under the “duty of alimony between relatives”, which is referred to by the doctrine as the “principle of family solidarity”, and not the duties specific to parental authority.
Duty required to justify expenses
Whoever argues, then the mother must “justify” what costs the children must incur in order to constitute the “cash contribution” to be made by the parent for what is legitimate.
The claim adjudicated in this case was not based on the duties inherent in custody. already being young adultsAgain economically dependentSpecial hearing, which should be taken as a reference to Article 142 of the Civil Code, “general duty” to provide food among relatives. The decision, which is still possible to appeal to the Supreme Court, says, “What the doctrine calls the principle of family solidarity.” The article mentioned understands food “everything necessary for livelihood, shelter, clothing and medical assistance”. And this concept is also “education and training” unless the creditor is a minor “and even when he has not completed his education for reasons not later attributable to him.”
Legal confusion of inheritance of four children (already in their seventies) from an extramarital affair
Hipólito (fake name to protect his identity) died over 50 years ago in 1967, but extramarital affair in the middle of the last century, four children born, now in their seventiesstill kicking in a shape today legal action The case that began in 2016 and which the Court of Vigo has just decided. these sons sued to have the inheritance of their fathers and three uncles. The judges deny that they can opt for their father’s existence by prescription and because they “lack active legitimacy” because they were “unrecognized” by their fathers in their day. But they state They are descendants of their uncle, so they have the right to be part of a farm and an old family home located in Baiona.
The lawsuit was filed against other heirs. The illegitimate children of Hipólito, thus known in the sentence, born between 1948 and 1952, the fruit of the deceased’s relationship with the mother of all. Referees say they do not have the right to inherit from their fatherbecause at that time they did not “acquire heir status” and because the case was time-barred after 30 years had elapsed. They have legitimacy about their uncle.
Legal confusion of inheritance of four children (already in their seventies) from an extramarital affair
Hipólito (fake name to protect his identity) died over 50 years ago in 1967, but extramarital affair in the middle of the last century, four children born, now in their seventiesstill kicking in a shape today legal action The case that began in 2016 and which the Court of Vigo has just decided. these sons sued to have the inheritance of their fathers and three uncles. The judges deny that they can opt for their father’s existence by prescription and because they “lack active legitimacy” because they were “unrecognized” by their fathers in their day. But they state They are descendants of their uncle, so they have the right to be part of a farm and an old family home located in Baiona.
The lawsuit was filed against other heirs. The illegitimate children of Hipólito, thus known in the sentence, born between 1948 and 1952, the fruit of the deceased’s relationship with the mother of all. Referees say they do not have the right to inherit from their fatherbecause at that time they did not “acquire heir status” and because the case was time-barred after 30 years had elapsed. They have legitimacy about their uncle.