How long is the child dependent on the parents?

by Admin2 | Sep 2, 2019 | news-en

According to the natural order of things, it is the parent's legal responsibility to support their child. Confirmation of this principle is found in the provisions of the Family and Guardianship Code, and more specifically in Art. 133, of which §1 explicitly states that "parents are obliged to provide maintenance for the child." This rule seems clear when we are dealing with a standard family situation, when the minor requires a constant investment of funds due to the fact that he is still attending school and there is no possibility of employment.

According to the further wording of the provision, this obligation exists until the child is able to support himself. This could indicate that as soon as he reaches the age of majority he is forced to become financially independent. In reality, however, it is not so obvious - turning 18 does not necessarily mean that a young person will finish education and immediately enter the labor market. This fact was emphasized by the Supreme Court in its judgment of November 14, 1997 (III RC 234/16), stating that "the obligation for the maintenance of parents towards their children is not limited by time, and that the child reaching a certain age is not a condition for its repeal. It does not cease when the maintenance party obtains a specific education. It depends only on whether the child is able to support himself. "

Maintenance obligation and continuing education

This raises the question, however, is there an upper age limit for the child for which the parent ceases to have a statutory maintenance obligation? We can, after all, imagine a situation in which an ambitious adult descendant gains further degrees while still remaining on the proverbial pot of parents. This state of affairs can last for years.

According to the case-law, continuing education and efforts of an adult child to acquire or raise qualifications relevant to his talents, which will enable him to earn higher earnings in the future, may justify their refusal to take up work or not using their earning opportunities, including those related to the occupation they have acquired. The cessation of maintenance is also not related to the degree of education, in the sense that it does not cease once the child reaches a certain basic or secondary level of education. It should be emphasized, however, that the personal abilities and character traits of an adult child must actually allow continuing education - undertaking education cannot be an illusory activity directed only at extending the maintenance obligation.

Evasion of the obligation

Article 133 of the Family and Guardianship Code introduces the possibility for parents to evade maintenance by respecting an adult child. This is only possible if the benefits are linked to undue detriment to them or if the child does not endeavor to be able to support himself. The final decision on the waiver of maintenance for an adult child is taken by a court that assesses each case individually.

The concept of scarcity

by Admin2 | Apr 11, 2019 | news-en

The notion of scarcity appearing in maintenance cases may raise interpretation problems. The Supreme Court dealt with this issue many times. April 24, 2018 in the judgment reference number act: V CNP 22/17 SN again spoke on this subject.

The court noted that, as a rule, one cannot speak of the shortage of a person who, by selling his property or part of it, could alone, and for a longer period of time, satisfy his justified needs from his own resources. At the same time, he noted that there is no obligation for the authorized substance to infringe on items that directly satisfy his or her needs that could be claimed from the obligor (for example, selling an apartment), as well as if the principles of social coexistence are contrary to this. The assessment of whether a given item serves only to directly meet the needs and whether the sale contradicts the principles of social coexistence, however, should be assessed on a case-by-case basis.

For example, an old woman living alone in a very large apartment cannot claim that she is in short supply, because the apartment is of an antique nature (a much smaller premises would be sufficient to meet her needs, while generating much lower costs). This woman could sell him, buy a smaller place and still have her money to support herself for at least a few years. In addition, the court drew attention to the possibility of concluding a reverse mortgage agreement, which can be a very beneficial solution for older people who, for various reasons, do not plan to transfer real estate to their relatives after death (as was the case here).