Child support: practical notes and the case of adult or emancipated children

Abstract

Child support includes everything essential for a child’s sustenance, housing, and clothing. This discussion focuses on maintenance obligations for minors and adult or emancipated children from a practical perspective. We begin with an overview of the obligation to provide child support and the agreement regulating parental responsibilities, covering the fixed amount of support and additional expenses such as health, medication, and education. Next, we examine the grounds for modifying parental responsibility agreements when the child is a minor. Changes may arise due to financial shifts, increased needs, or other relevant circumstances. For adult or emancipated children, we explore the possibility of establishing a new agreement, as the prior arrangement ceases upon adulthood. Additionally, we consider legal actions after reaching majority, whether for enforcing past obligations, seeking modifications, or addressing non-compliance with the agreement in force during minority. We also discuss the obligations of adult or emancipated children toward the support provider, particularly concerning violations of duties of respect, assistance, and support. In cases where the recipient fails in these obligations, this may impact the continuation of support. Finally, we examine the grounds for terminating alimony, particularly when continued support becomes legally unenforceable. This may occur due to financial independence, a significant change in circumstances, or failure to meet reciprocal obligations.