Child maintenance in favour of children of legal age and disabled children of legal age in matrimonial proceedings: current situation

Abstract

Any support in favour of the offspring of legal age may be determined in a matrimonial proceeding at the request of the custodial parent, provided that they live in the same family home and have no income. At present, grounds for maintenance termination set out in that way include, in particular, the children of legal age failing to complete their formal education due to lack of interest or apathy and the opportunity to practise any profession or trade and enter into the labour market, even in jobs that do not necessarily match their qualification and professional prospects. Assigning the use of the family home for children of legal age may not, under any circumstances, become involved with child maintenance in the sense of Article 93.2 (2) of the Spanish Civil Code, but should be performed under the terms of Article 96 (3) of the Spanish Civil Code, and hence, in favour of the spouse whose interest may require the highest degree of protection in the light of the circumstances. Where children of legal age may suffer from any disability, they will be comparable to minor children in terms of the obligation to provide maintenance and assign the family home throughout a matrionial proceeding.