Identifier: TFG:514
Authors: España Lopez, Laura
Abstract:
Maintenance obligations to children of full age in the Civil Code of Catalonia Maintenance obligations could be defined as the legal authority that a person, called maintenance creditor, to demand of another, called maintenance debtor, their need to subsist. Specifically, we have focused on maintenance obligations established in a event of marital breakdown. In the case of children under age, no doubt to be provided, but instead, there is great uncertainty as to the children of full age; whether or not established, under what circumstances and for how long. Regarding the amount of the benefit, there is no fixed criteria to be established, for example, a percentage of maintenance debtor’s net incomes, but follows the so-called proportionality test, ie, it is set according binomial "obligor - obligee needs." Therefore, it is set according to the circumstances of each particular case. Concerning the right to claim maintenance obligations for children of full age, both doctrine and jurisprudence consider that holds the parent who lives with them, who will receive that benefit and will administer it. The biggest problem that arises around the maintenance obligations for children of full age, is under what circumstances and how long it should take. The legislation does not establish anything concrete because is not possible to do it, but we must address each particular case. As a rule, the benefit will be extended as long as the education is performed with due diligence, and will last, depending on the court that will deal each individual case, until the end of the studies, being able to find a job that allows enough income to live alone, or until such work is found.
Repositori URV