THE LACK OF RELATIONSHIP OF ADULT CHILDREN MAY MEAN THE EXTINCTION OF THE OBLIGATION TO PAY THE ALIMENT PENSION

The Supreme Court ruled in 2019 the termination of alimony in cases of older children who do not want to have a relationship with the parent (usually the father) with whom they do not live and who pays alimony .


To do this, the lack of relationship must be relevant, lasting and attributable to the adult children who receive alimony and not to the parent who pays it.

In recent years we have observed a growing tendency of our Courts to declare the termination of alimony in cases of lack of filial parent relationship. Thus, recently some family courts have extinguished the alimony established in favor of older children to understand that the father had always tried to maintain the relationship permanently, and that they have removed him from his side.

In many cases the difficulty of the parent will be to prove that the lack of relationship is not attributable to him, but currently we have enough tools (Whatsapp, SMS, social networks, etc.) to facilitate the lack of relationship.

Sílvia Pinilla

Lawyer

Head of the Family Law Department ofAlonso-Cuevillas Lawyers and Economists

silvia.pinilla@alonso-cuevillas.eu

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