In cases of parental divorce, the law has, for several years, stipulated the payment of child support to individuals over 18 years and up to 25 years old, as long as they continue their studies, according to DECO PROTeste.
“In cases of divorce, judicial separation of persons and property, declaration of nullity or annulment of marriage, or when there is no longer a common life between the parents, child support can be extended beyond the age of 18 and up to 25 years, provided it is reasonable to require the parent to fulfill this obligation. Thus, support can be prolonged if the child continues studying or attending professional training courses,” explains the consumer protection organization.
Initially, DECO PROTeste clarifies that “child support results from mutual agreement between the parents, but in the absence of such an agreement, it must be requested in court,” and the “request can be made by the Public Prosecutor, the minor’s legal representative, or the person responsible for their custody.”
“Alterations to the support, such as a reduction due to a sudden decrease in income, must be authorized by the court,” it explains.
Child Support: What Is Its Purpose?
DECO PROTeste explains that child support “does not only aim to cover the minor’s food expenses,” but encompasses “all other expenses associated with the child or young person’s day-to-day life, such as clothing, education expenses, among others.”
“The intention is for the minor to maintain a lifestyle compatible with the standard to which they are accustomed. The fulfillment of this obligation is a legal mandate and not at the parents’ discretion. Furthermore, this support is owed to the minor and not to the parent who takes care of them. However, the expenses can be shared between parents in a scenario of shared custody,” as stated on the consumer protection organization’s website.
Another point to note is that “if the parent not living with the young person refuses to share the expenses, the case can be brought to court where a judge will assess the young person’s living context.”
More so: “If the parent paying the support stops paying, the parent living with the young person must claim the payments in court. The request can be made ten days after the date the payment was due.”
It’s worth emphasizing that “if one of the parents (mother or father) does not pay due to unemployment or lack of income, there is the Alimony Guarantee Fund for Minors, which substitutes the parent but ceases when the child reaches 18 years.”
Are There Exceptions?
According to DECO PROTeste, “there can be exceptions to these cases when parents demonstrate that the payment of child support is no longer justified by the young person’s financial life context.”
“For example, if they have already completed their education or professional training, or, on the contrary, if they neither study nor work and do nothing to support themselves,” it reads.
Moreover, the “payment can be suspended by agreement between the parties or if the parent responsible for the payment proves it is no longer justified to maintain it.”
