Support for the adult child: conditions



The right to the payment of maintenance does not cease to be the majority of the child. An adult child cannot provide for its own needs may continue to receive maintenance. Alimony is a term for the fulfilment of the maintenance obligation. The maintenance obligation is a duty that binds the members of a same family and which provides that the members of the same family must rescue each other when one of them is in need. The major children in need therefore can receive maintenance, such as minor children.

But if the parents do not have the means to rescue their children, the pension may be paid by a grandparent or other family member who has the ability to pay alimony. The needs of the child must be cared for by their parents until the child acquires its financial autonomy. This is not the age that counts, nor the status of the child (a student for example) but the financial situation of the child. The adult child, whether they live or not even in one of its parents, can ask for alimony to his parents. This request, addressed by the child himself or by the parent who is hosting it, should be made to the judge for family affairs. The child must explain to the judge that he is not able to meet his basic needs, and that it was therefore in need of maintenance. The child (or his or her parent has to prove that he is in need. The judge will determine the amount of alimony, taking into account both the needs of the child and the parents. It is important to know that in some cases, the judgment of divorce or legal separation specifies until when the child support should be paid. For example: until the child earns the MINIMUM wage, or half the legal MINIMUM wage. If one of the parents no longer wish to pay child support to her adult child, it must prove that the child is able to care for himself his basic needs. If the adult child begins to work and thereby acquires its financial autonomy, it is not possible to stop suddenly on the payment of child support. It is necessary to make an appointment before the family court judge that, if the conditions are met, may terminate the payment of the pension. The adult child may request that child support be directly paid, for example, when he lives independently, outside the family home.»The parent who assumes the main responsibility of an adult child who cannot himself meet his own needs may ask the other parent to pay a contribution to her maintenance and her education. The judge can decide or the parents can agree that this contribution be paid in whole or in part in the hands of the child.»So that the child can request that the pension be paid directly («hands»), the parent who until now received the support in its place should be agreed. In the event of a conflict between the child and the parent recipient of the pension, it is up to the judge for family affairs to settle. If the judge finds that the parent no longer has custody of the child, it shall order that alimony be paid directly to the child. Except if one of the parents demonstrates to the judge that the child is not capable of managing its own budget. The application of direct payment of child support to the adult child may also be requested by both parents, provided that the adult child to either agree on the principle. An adult child who is financially self-sustaining has no reason to receive maintenance. The parent who pays child support may apply to the judge for family affairs to request that the child support ceases to be paid, with the agreement or not of the child. The adult child, he wants to continue to receive the pension, will have to prove face the judge that its own resources do not allow him to meet his basic needs (because of insufficient salary or continuation of study, for example). It is the judge that will have to decide whether or not to remove the support. As a general rule, the courts believe that a child’s major learning contract paid or paid at the MINIMUM wage no longer has a reason to benefit from the support. Jurifiable of and reliable legal advice and immediate.

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