What is the limit of the maintenance obligation with children of legal age?

May 27, 2021 - PRLog -- The maintenance obligation with children of legal age is based, not on duties inherent to parental authority, but on the general duty of maintenance between relatives.

For food assistance, it is established on two fundamental requirements: the need of the beneficiary and the capacity of the debtor, who must help the subsistence of his relatives, without implying the sacrifice of his own existence.

Alimony does not cease or become extinct because the children are of legal age, since it is based, not on the duties inherent to parental authority, but on the general duty of food between relatives.

Said maintenance obligation will only last as long as the situation of need is maintained or the child's education has not been completed for reasons that are not attributable to him.

It is worth clarifying that, although the person upon reaching 18 years of age acquires full civil capacity and the rights and duties inherent to the parental responsibility of the parents with respect to their children cease at that time, the maintenance obligation extends to 21 years of age unless the child has sufficient resources to provide them.

Under normal conditions, and by a sacred natural law, a child should not claim outside his home to be recognized a right to maintenance that by the very nature of things is not that it belongs to him by law, but that any parent will going to give by the very nature of things. Any father or mother will do and do what is necessary for their children, even if they turn 40, if this child needed it, they would continue helping them until the father or mother had enough strength left to do so.

The problems that must exist between a father and a son, and the reasons that must be in place for the child to deny him or her to continue helping because they have reached an age, is something that only remains in the personal order between them. Perhaps, the son's bad attitudes towards his father, abandonment of his family relationship, inappropriate behavior, or, conversely, it could also be due to a mere refusal of the father to want to know anything about his descendants, simply abandoning them to their fate.

In any case, we can advise you from Erp Lawyers, contact us and we will provide you with the necessary legal help (https://erplawyers.com/blog/la-obligacion-alimentaria-con...) to resolve your problems.

Eduardo Rojas
Source: » Follow
Email:***@sistev.co Email Verified
Location:San Jose - Costa Rica
Account Email Address Verified     Account Phone Number Verified     Disclaimer     Report Abuse
Erp Lawyers & Associates News
Most Viewed
Daily News

Like PRLog?
Click to Share