Modification of measures

The Supreme Court (SC) has ruled on a case in which a divorced couple was arguing about who should pay for the child support of their adult child who, even though was no longer a minor, was still financially dependent on their parents. The child reached legal age and decided to move in with their father , so he asked the mother to be the one to start paying a monthly allowance for the child. It all started with the father's lawsuit in June 2022, who also requested that the expenses of the

private health insurance for the children be paid half and half by both parents. During the process, the mother argued that nothing should change , while the father also requested that , while the father also requested that the backdated the date of the cessation of his obligation to pay maintenance to the eldest child, since the child moved with him.

The key issue resolved by the Supreme Court is from when should be paid this new child maintenance by the mother, from when the judgment is handed down, from when the claim is filed, or from when the child started living with the father? Finally, the Supreme Court has ruled that the mother must pay the maintenance from November 12, 2022, just when the provisional measures in the process were adopted, as it was when the change of residence of the child became clear.

On the other hand, rejects that the private health insurance should be paid equally between both parents if it was not expressly agreed in the divorce decree that it is an essential expense non-voluntary .

In summary, when an adult child, but economically dependent, stops living with one parent and moves in with the other , if the latter claims alimony, the pension that the other parent must pay does not start counting from the court ruling , but from the moment when provisional measures reflecting that new situation are adopted, provided that the change of residence is proven. Furthermore, if private health insurance was not clearly agreed upon in the divorce, the other parent cannot be forced to contribute to its payment. In situations of conflict between parents regarding alimony, our professionals will provide you with appropriate advice and defense of your interests and those of your children.

In situations of conflict between parents regarding child support, our professionals will provide you with adequate advice and defense of your interests and those of your children.