What happens to the maintenance allowance received by an adult children of divorced parents who neither studies nor works?Well, aforementioned adult child, commonly known in Spain as “nini”, will possibly lose this alimony.Recently, the Provincial Court of Pontevedra in Judgment of April 18, 2016, has ratified a judgment of the Court of First Instance no. 5 of Vigo, by which, at the request of the father, the maintenance allowance of a son who neither studied nor worked was cancelled.The assumption is the following, the son stopped studying at the age 14-15, is currently 19, and in this period has only worked 40 days. The father filed a lawsuit against the mother for a change of conditions. As soon as the complaint was served, the child enrolled in a school to obtain the school certificate.Both the Court of Appeal and the Provincial Court consider it proven that the son stopped studying because he wanted to, that he does not work, has not worked, nor learned any trade, nor has he been interested in finding an occupation, despite not To have physical impediment or of any other type for it and therefore the father does not have to endure such load.It should be remembered that the maintenance allowance for children of separated parents it is obligatory to pay children under age and older if they do not have economic independence and they use their time to study, work even if it does not allow economic independence, or Some other occupation of profit.However, when the child does not demonstrate the proper application or dedication to either studies or the search for employment, the father or mother who faces the said maintenance allowance does not have to bear such burden.The termination of the maintenance allowance for the causes mentioned is supported by other provincial hearings, such as that of Barcelona in the Judgment of February 19, 2001 or Madrid in the Judgment of April 10, 2003.Even the Supreme Court in Judgment dated March 1, 2001 protects the doctrine applied in the Judgments of reference when affirming that maintaining the maintenance payment carries the risk of lack of incentives of the child, favoring a passive situation for the struggle for life , Which could lead to social parasitism.
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