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See when it ends the obligation to pay child support

Here is no right date for the duty to pay for food if it closes, and the context of all parties must be analyzed.

Who needs to pay or receive alimony has doubts about how far the right goes. Some requirements are better known, such as when the child reaches the age of majority or when it forms. But they are not definitive. Justice & Law talked with family law experts to clarify some details on the subject.

There is no specific moment for the end of the provision of food – as it is called the pension in the legal environment. Some milestones may even influence, such as when the child turns 18 or when college completes. Indeed, in practice, they may mean the end of the obligation, but this is not automatic. The nurturer (the one who pays the pension) must request exemption from duty and the judge decides on the matter.

Lawyer Diana Geara, a family law specialist, explains that in order to assess the need, the magistrate must take as a basis parameters stipulated in the Civil Code as the social standard to which the children were accustomed and the expenses with education. In addition, we need to check the trinomial necessity vs. chance vs proportionality. “The need for the beneficiary, the possibility of the beneficiary and the proportionality of the income of the other parent will be assessed, since both parents must contribute to the support of their children,” says Diana.

The lawyer and president of the Association of Family Law and Succession (Adfas), Regina Beatriz Tavares da Silva, explains that the Civil Code establishes that parents have a duty to support until the child’s 18th birthday. After the age of majority, there is a duty to provide assistance. Regina Beatriz indicates that consolidated jurisprudence defines that the obligation to pay the pension is terminated when the child has self-sustaining conditions; with the end of college; when the child turns 24; or when marrying – whichever comes first.

The lawyers interviewed also point out that the payment of the pension should not be an incentive to leisure.

What if the college is beyond the age of 24?

Some courses, such as medicine, may go beyond the age of 24 of the feeding (the one receiving the pension). For the president of Adfas, this case is an exception and it is necessary to request in court the continuation of the food until graduation.

For the lawyer and professor of family law at Unibrasil University Center Carlos Eduardo Dipp, the 24-year mark does not necessarily mean the end of the pension payment. He points out that other courses, such as engineering courses, take longer to complete due to the degree of difficulty. The graduation that would last five years ends up taking six or seven.

According to Dipp, to determine the continuity or not of food, it is also necessary to observe if the child is dedicating little to the college and having disapprovals with the objective of maintaining the pension for a longer time. However, it is very difficult to make this kind of verification and, in a situation like this, if you can not exonerate your duty, the father can request a review of the amount you are paying.

Does graduate qualify for pension?

Dipp explains that there has been controversy over whether or not parents should pay their children during postgraduate courses. But a decision of the STJ has defined that the obligation extends only during graduation or a technical course. For ministers, granting the right to food during postgraduate education would tend to infinity and could lead to “perennialization of the pension.” The STJ assessed undergraduate education as sufficient for a person to be able to enter the job market and to start having enough income to support himself.

“On the occasion of the conclusion of the superior course, the food – counting with more than 25 years of age,” nothing in the records that puts against his physical and mental health, with superior formation “- to have looked for its immediate entrance in the market (legal obligation) to provide him with food, “noted the minister Luis Felipe Solomon in judging a case in which the daughter was already graduated in law and attended postgraduate courses.

Who is in the course is entitled to a pension?

Pre-vestibular courses are not contemplated in the alternatives that the jurisprudence cites. And Dipp explains that this is a tough fight in the courts – especially among medical candidates – and there is no unanimity on the subject since this type of course is outside the scope of basic basic education or higher. The concession or not, will depend a lot on the judge’s assessment. In his opinion, as a lawyer, the food should continue to be paid, since the son is seeking to improve his education.

If the pension is not maintained, the child may file a new claim for food after passing the entrance exam.

And when the food can not afford?

Regina Beatriz states that in case of a long period of unemployment or serious illness that makes the work impossible, the nurturer may also request exemption from the obligation to pay the pension. But it is worth remembering that, given the impossibility of one of the parents to meet the maintenance obligations, the grandparents are jointly responsible and have an obligation to take payments.

Source: Jusbrasil


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