Legal news blog
Arranz Abogados



Recently, the Supreme Court has issued the Ruling No. 4925/15 of December 2, 2015, which deals with the distinction between alimony for minor children and alimony for adult children who continue to live with only one of the parents.

For minor children, these foods are provided according to “the economic circumstances and economic needs of the children at all times“. While for older children, the ruling says that “they are proportional “to the wealth of the person who gives them and the needs of the person who receives them” -article 146 CC- and are reduced to food that is essential for sustenance, housing, clothing and medical care, in accordance with article 142 CC”.

This smaller concept of alimony for adult children has its effects on the “living minimum”, since the ruling establishes that since it is an adult child who continues to live in the family home, and since the alimony holder does not have income enough, “less than four hundred euros a month", the termination of alimony proceeds, without respecting the "minimum vital", unlike alimony for minors.

And the ruling ends by remembering that, unlike the first fixing of maintenance, its subsequent modification or termination will not have effects from the lawsuit but from the ruling that so decides.