In today’s article we are going to deal with the child maintenance stop. The child maintenance is the economic contribution that some relatives pay in favour of others.
Normally, fathers or mothers in favour of minor children, in cases of divorce or separation.
We are going to speak, more specifically, about its finalisation, when children do not want to have any relation with their parents. That is, with those obliged to pay them the maintenance.
Spanish Supreme Court Precedents
Requesting the child maintenance stop, to be paid to a child, because the child does not want to know anything about the father, is possible.
This has been said by the Spanish Supreme Court itself, in its judgement of 19 February 2019, number 104/2019.
Based on this ruling, we are going to structure this article.
Legal justification for child maintenance stop
That a child does not want to see his father or mother, or does not have a good relationship; it does not justify, by itself; the father or mother, to stop paying alimony.
But there is a legal justification, which could justify the child maintenance stop, for this reason, in some cases.
1. Article 152 of the Spanish Civil Code. It says that the obligation to pay maintenance ends when the beneficiary commits a fault that results in disinheritance.
2. Among the causes of disinheritance, is the mistreatment, abuse, serious insult, etc.
Thus, it can be understood that ignoring the father, not wanting to know anything about him, denying any type of relationship, etc. It can be assimilated to this abuse, mistreatment.
3. Especially, in the case of maintenance for children of legal age. In these cases, its justification is only for reasons of true necessity. Well, they are no longer minors.
Thus, their right to receive maintenance is not because they are assimilated to minors. A need to receive help, must be proven.
Null relationship attributable to the beneficiary
In addition to the requirements indicated, that is, the inexistence of a relationship, etc. The Supreme Court understands that it is essential that this is attributable to the child, the maintenance beneficiary.
Therefore, it will not be enough to prove that there is no relationship between parent and child.
It will be necessary to prove that their lack is due and is the consequence of the children. And not the responsibility of the parent, obliged to pay alimony or child support.
Summary and conclusion: child maintenance stop
If a child (beneficiary) who receives maintenance from the parent.
Does NOT have any relationship with them (the one obliged to pay). And he refuses to have it. Being the child responsible for the total lack of relationship.
The person obliged to pay the maintenance can claim the extinction of his obligation.
Well, legally, it could be understood as a figure close to abuse. That could justify a disinheritance. And therefore, according to article 152 of the Civil Code, it could justify the extinction of the alimony, and the child maintenance stop.
If you have questions about family law, you can check our section on the website, and do not hesitate to contact us.
The information provided in this article is not intended to be legal advice, it merely conveys information related to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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