Dear Readers, In this week’s legal topic, I would like to briefly comment about the recent Judgment rendered by the High Court of Granada regarding child support, as it is equal to a court case that we are dealing at the moment. This Judgment has been crucial in order to reach an out of court settlement.
Briefly, these are the facts; the daughter had already
completed her studies and she had signed an employment contract.
The High Court of Granada has revoked a sentence that
forced a father to continue paying alimony (150 euros) to his 31-year-old
daughter as a result of the divorce with his partner, despite the fact that his
daughter had completed her studies and she even had a stable job.
In a nutshell, according to the High Court, child
support must be interpreted restrictively in “what is indispensable for sustenance, housing, clothing, medical
assistance, education and training”(sic).
The Court argues that child support in these cases is
“always temporary” and consequently, once the children finish their
studies and/or start working (or are capable to do so), the pension “is
devoid of any legal basis and it is extinguished. ”
In conclusion, the Court granted the appeal that the
father filed against the unfair judgment rendered by the Court in the first
instance, revoking it and declaring extinguished his obligation to pay child
support to his daughter.
Regarding our own client’s case, we have managed to reach a successful outcome by reaching a satisfactory out of court settlement.
We hope this information is useful. Subsequently, should you be affected by this problem or you might be interested in receiving more specific information, please do not hesitate to contact us either by replying to this message or preferably by visiting also our website www.bestsolicitorsinspain.com
Finally, thank you very much for your attention, and in case you might have any question or doubt at all, please do not hesitate to contact us and we will be glad to clarify immediately.
look forward to helping you and the benefit of our “know-how”.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor