Obligation of Parents for Child Support after adulthood

Family Law series

The obligation of parents for maintenance under certain circumstances may be continued after children reach the age of 18.

Based on Article 33 (2) of the Parent-Child Relations Act of 1990 (216/1990) the commitment of parents to feed their underage child together each according to his forces is likely to endure after adulthood of the child, in cases where special circumstances necessitate that, as in the situation of incapacity or disability of the child or term of service in the National Guard or studies at an educational institution or professional school.

According to the law the parent obligation for child maintenance after adulthood may continue only after Court decision as issued under Article 33 (2) of the Parents and Children Relations Act of 1990 (216/1990).

The issue of court decision based on the above article constitutes a prerequisite for the continuance of the parent to undertake child support after adulthood. Because the child as an adult is capable of legal capacity thus, is entitled to register relative request for support against a parent or both parents.

There is no obligation to continue to pay maintenance to an adult child if the income of the obliged person does not justify this.  The parent who has the financial capacity is not required, on this, and regardless of anything else, to cover expenditure for any choice of his adult child. In the circumstance of adult children pre-existence of Court decision is necessary for continuing the obligation of the maintenance.

In the event of issue of such order it would be worthy to be determined the duration of the order.  The law does not provide the establishment of time limits of validity of the order issued under Article 33 (2) of the Act. 216/1990.  The setting of the matter and to determination of the temporal validity of the decree is within the discretion of the Court. However, the party responsible for the maintenance is provided to go to the court and request termination of the order or even its amendment by giving valid reasons to do so if, for example, the adult child abandoned his studies or is not diligent.

Other articles on the same series

Filling for Divorce

Grounds for Divorce

Irretrievable Damage of The Marriage

Paternity Leave

Amendment of Child Support Order

""In the long run, the sharpest weapon of all is a kind and gentle spirit."

–Anne Frank