Portuguese 
English 
Spanish 
5 min of reading 
0 comments 
Civil Code allows including other relatives in child support when the main responsible cannot pay alone, expanding the legal obligation.
In 2002, with the enactment of the current Brazilian Civil Code, a rule that was little debated outside the legal field began to have a direct impact on thousands of child support actions in the country. Provided for in the articles 1,694 to 1,698 of the law sanctioned by the Presidency of the Republic and available on the official Planalto portal, this rule establishes that the obligation to provide support does not necessarily fall on a single person. In certain situations, other relatives may be called to participate in the payment when the main responsible party does not have sufficient financial means.
This mechanism, technically known as subsidiary or complementary food responsibility, alters a common perception: that only the father or mother bears the support obligation. In practice, the Brazilian legal system allows the obligation to be distributed among different family members, respecting well-defined legal and financial criteria.
Civil Code child support relatives shared obligation and legal basis
The Civil Code, in its article 1,696, establishes that the right to receive support is reciprocal between parents and children, extending to all ascendants. Article 1,698 deepens this logic by determining that, if the relative who is primarily responsible for support is not in a position to fully bear the burden, those of immediate degree will be called to contribute.
-
Government enacts new law requiring ex-couples to share custody of pets in case of divorce, with rules for time of cohabitation, veterinary expenses, and loss of ownership in cases of animal abuse.
-
Justice condemns truck driver to pay R$ 87,000 after leaving truck with soybean cargo unattended at a gas station for two days: insurance company refused to cover and the loss fell entirely on the driver.
-
Considered Trump’s last ally in Europe, Giorgia Meloni has just suspended a military agreement of over 20 years with Israel and rejected Italy’s entry into the blockade of Hormuz.
-
Little-known law allows pregnant women to receive a pension even before the baby is born, without a DNA test, and the amount can cover exams, food, and medical expenses throughout the entire pregnancy, exceeding thousands of reais per month and potentially being converted into a pension after birth.
In practice, this means that the support obligation follows an order of responsibility. Initially, it falls on the parents. However, if it is proven that they do not have sufficient financial means to fully cover the necessary amount, other relatives may be included in the legal action.
This point is central because it demonstrates that Brazilian legislation does not limit the support obligation to a single person when there is proven inability to pay.
When other relatives can be called to pay child support
The inclusion of other relatives does not happen automatically. The Judiciary requires that the partial or total inability of the main responsible party be demonstrated. This can occur, for example, in cases of unemployment, insufficient income, illness, or any other situation that compromises the ability to pay.
Once this limitation is proven, the judge may authorize the inclusion of closer relatives, such as grandparents, in the support action. This mechanism prevents the beneficiary of the support from being left without assistance, ensuring that the obligation is redistributed within the family.
It is important to highlight that responsibility is not transferred entirely, but rather shared. In other words, the main responsible party remains obligated within their means, while other relatives complement the necessary amount.
Grandparents’ alimony and the complementary nature of the obligation
One of the most well-known cases of this rule is the so-called grandparental alimony, when grandparents begin to contribute financially. However, even in this scenario, the obligation of the grandparents is not automatic or prioritized.
The consolidated understanding of the Superior Court of Justice is that this obligation has a complementary and subsidiary nature, meaning it only occurs when there is evidence that the parents cannot fully meet the alimony duty.
This prevents grandparents from being directly called upon without first verifying the real financial condition of the parents. The goal is to preserve the hierarchy of obligation, ensuring that each family member contributes according to their capacity.
How the judge determines who must pay and how much each contributes
The determination of who will be included in the action and what the contribution amount of each party will be depends on judicial analysis. The judge considers various factors, including income, expenses, standard of living, and the needs of the beneficiary.
When more than one person is called to contribute, the alimony amount can be divided proportionally among those involved. This allocation follows the principle of proportionality, seeking balance between the needs of the recipient and the capacity of the payer.
This model avoids excessive burden on a single individual and ensures that the obligation is distributed more fairly within the family unit.
Difference between primary obligation and subsidiary obligation in alimony
In family law, the primary obligation is that assigned to the parents, considered directly responsible for the support of their children. The subsidiary obligation, on the other hand, arises only when the primary one cannot be fully fulfilled.
This distinction is fundamental to understand why not all relatives can be called upon immediately. The law establishes a logical order of responsibility, respecting family ties and financial capacity.
The subsidiary obligation acts as a safety net, ensuring that the right to food is preserved even in situations of financial difficulty for the primary responsible party.
Practical impacts of this little-known rule in the daily lives of families
In practice, this rule has a direct impact in situations where the primary responsible party faces financial difficulties. Instead of leaving the beneficiary without assistance, the legal system allows for an expanded contribution base within the family.
This can be decisive in cases involving children and adolescents, whose needs cannot be interrupted. The possibility of including other relatives ensures greater financial stability and continuity in meeting these needs.
Furthermore, the rule reinforces the principle of family solidarity, recognizing that the responsibility for support is not exclusively individual, but can be shared under certain circumstances.
Why this rule is still little known outside the legal field
Despite being provided for in the Civil Code for over two decades, this possibility is still little known by the general population. Many believe that child support is always the exclusive responsibility of the parents, without considering the existence of legal mechanisms that allow the participation of other family members.
This lack of knowledge can lead to situations where rights are not fully exercised, either due to lack of information or due to misinterpretations of the law. The dissemination of this type of rule helps to broaden access to justice and ensure that judicial decisions better reflect the reality of Brazilian families.
And did you know that child support can be divided among several relatives when the main responsible person cannot pay alone?
Seja o primeiro a reagir!