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Court Suspends Alimony for Adult, Married, and Employed Children, Acknowledging That There Is No Eternal Obligation of Support and Ends Payments Immediately.
The discussion about how long a parent is obligated to pay alimony has returned to the center of debate after a recent decision involving two adult children, aged 27 and 29, who, despite being married, employed, and financially independent, continued to receive alimony. The case, analyzed by the Court of Justice of Goiás (TJ-GO) under number AI 5597159-02, gained attention for reversing the first-instance decision and immediately suspending payments until the final judgment of the process.
Alimony and Adulthood: When Does the Obligation Really End?
The process began when the father filed a lawsuit requesting exemption from alimony. He argued that the children already had their own lives, defined professions, and established families. The daughter, aged 29, is an engineer and married. The son, aged 27, lives in a stable union and works as a driver. Both have income, autonomy, and full labor capacity, which, for the father, made the continuation of the obligation unjustifiable.
In the initial request, he sought a preliminary injunction to suspend alimony immediately, preventing the process that usually takes months from maintaining a responsibility that, according to him, no longer made sense.
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The first-instance judge, however, denied the preliminary request and ordered the father to continue paying until the final judgment.
The Court Reversed the Decision and Suspended Payments
Dissatisfied, the father appealed. The case went to the Court, and the decision was completely overturned.
The judges acknowledged that there is no eternal obligation of support, especially when the child:
- reaches adulthood,
- has a profession,
- is capable of supporting themselves,
- and, especially, starts their own family.
Upon reviewing the records, the TJ-GO highlighted that, from adulthood onwards, the duty of support ceases to be based on parental authority and becomes assistance-based, directed only at situations of real need. Moreover, when the child marries or lives in a stable union, the duty of material assistance between spouses arises, breaking the legal obligation of the parents.
Given this context, the Court suspended alimony immediately, allowing the process to continue without requiring the father to keep paying.
Court: Financial Autonomy Ends the Legal Link of Alimony
In its reasoning, the judges were clear: alimony serves to ensure development, education, and sustenance during childhood and youth. When a child enters adulthood with financial independence, the foundation disappears. There is no reason to maintain a payment that no longer serves its original purpose.
According to the Court, the fact that both children are already employed, with proven income and integrated into family life, one married and the other in a stable union, demonstrates that there is no economic dependency.
Thus, the Court concluded that the father should not be obligated to support fully capable adults.
Why Lawyers Request Preliminary Injunctions Right at the Start of Exemption Actions
This case reinforces a common strategy among law firms specializing in Family Law: requesting a preliminary injunction right at the start of the process. This prevents the father from continuing to pay alimony while awaiting a decision that, in many cases, recognizes that the obligation has not existed for years.
To achieve this, it is essential to present robust evidence such as:
- pay stubs,
- work cards,
- records of stable unions or marriages,
- proofs of income,
- and demonstrations of financial independence.
When well-founded, the request for a preliminary injunction has been accepted by the courts, which understand that it makes no sense to maintain payments if the need is not proven.
Alimony Is Not Lifetime and Jurisprudence Reinforces This
The case judged by the TJ-GO follows a line already established in Brazilian Law: alimony for adults depends exclusively on proven need. The age of majority, in itself, does not extinguish alimony but obliges the child to demonstrate:
- incapacity,
- ongoing education,
- real economic fragility.
Without these elements, exemption is the natural course.
And when there is marriage or a stable union, jurisprudence is even more firm: mutual responsibility arises between partners, ending the duty of the parents.
Final Reflection to the Reader
The decision marks another important point in the courts’ interpretation of the purpose of alimony. The case shows that autonomy, an independent life, and sufficient income not only end the moral obligation but also the legal link that justified payment.
And you, reader: do you agree with the immediate suspension of alimony when there is financial independence and an established family?
Concordo plenamente. Sou contra ter que pagar um advogado para entrar com esse pedido basta ter a documentação e apresentar na justiça
Plenamente concordo tem andar própria pernas
Esse país precisa ser passado a limpo, essa justiça é uma vergonha, esses juízes vivem fora da realidade.
O pai tem a obrigação de sustentar os filhos até a maioridade, a não ser que eles tenham sua independência financeira antes ou assumam matrimônio.
O problema que os jovens de hoje são alienados e querem receber tudo nas mãos e geralmente os pais são os maiores culpados.