CRITERIA FOR DETERMINING THE AMOUNT OF THE MAINTENANCE OBLIGATION GRANTED BY THE CHILD'S PARENT
CRITERIA FOR DETERMINING THE AMOUNT OF THE MAINTENANCE OBLIGATION GRANTED BY THE CHILD'S PARENT

Summary/Abstract: The maintenance obligation is the contribution to which the parent is obliged to his minor or adult child until the completion of studies. The maintenance obligation does not constitute a faculty, but a legal obligation which, in case of non compliance, may attract sanctions, including criminal ones. This obligation imposed by the legislator on the parents is a joint and several obligation, so that whenever one of the parents refuses to fulfill his maintenance obligation or does not do so in an amount sufficient to ensure the standard of living of the minor, the parent where the minor lives, as far as possible, will be indirectly obliged to bear the difference. Although established by law, the legislator does not stipulate the criteria that the court takes into account in determining the amount of the maintenance obligation, these being applied by the court according to the particularities of each case, taking into account, first of all, the financial means held by the debtor parent to provide the maintenance obligation and the needs of the dependent child.

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