Family burdens
Extinction of alimony due to lack of sufficient cause to apply cessation
The Supreme Court (TS) has ruled on a case in which the parents requested to stop paying alimony to their daughter because, according to them, she had been guilty of mistreatment and there was no good family relationship. At first instance, a court had already determined that both parents had to continue contributing financially to the maintenance of the daughter, a decision that was later upheld on appeal by the Provincial Court, which considers that the problems between parents and daughter were mutual and not solely attributable to the daughter.
When presenting the issue to the TS, the parents relied on the argument that the laws allow to stop providing support if the child does serious things (as allowed in cases of disinheritance). However, the TS clarifies that, for alimony to be extinguished due to lack of family relationship, the main responsible party for this situation must be the daughter, but in this case it has been shown that there were also problems and negative behaviors on the part of the parents. They even forced the daughter to leave home.
The Supreme Court also emphasizes that at this time new reasons that have not been previously mentioned cannot be raised, such as the daughter not contributing to the family burdens. Ultimately, as long as the lack of relationship is not seriously and solely the minor's fault, the obligation to provide support remains valid.
In a situation of conflict regarding the economic regime of marriage, our professionals will be able to advise you properly and defend your interests
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