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Grandparents May Be Required to Pay Child Support to Grandchildren When Parents Are Unable, Confirmed Courts Based on the Duty of Family Solidarity.
The duty of sustenance within the family is not limited to parents. The Brazilian Civil Code and court jurisprudence have established that when the parents are unable to financially support their children, this obligation may fall on the grandparents. This legal framework is known as grandparental obligation for child support. Provided in Article 1,698 of the Civil Code, the rule reinforces the logic of family solidarity: if the parents cannot fully meet their alimentary duty, the grandparents may be called upon to complement or even assume the support, respecting their financial capacity.
What The Law Says About Grandparental Obligation in Child Support Cases
Article 1,694 of the Civil Code establishes that relatives can request support from each other, according to the needs of the requester and the capabilities of the payer.
Article 1,698 specifies that if the closest relative (in this case, the parents) cannot fulfill the obligation, “those of immediate degree will be called to share,” meaning the grandparents.
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This obligation has two central characteristics:
- Subsidiary: applies only when the parents are unable to sustain;
- Complementary: can share the amount of support if the parents can only partially bear it.
The STJ’s Understanding About Grandparents’ Support to Grandchildren
The Superior Court of Justice (STJ) has reiterated that the grandparental obligation is not automatic but may be determined when there is evidence of the parents’ financial incapacity.
In 2021, the Third Panel of the STJ decided that paternal grandparents should supplement the pension owed to the grandchildren since the father was unemployed and without sufficient income. The court emphasized that the measure aims to ensure the child’s dignity and the principle of comprehensive protection.
Another ruling confirmed that both paternal and maternal grandparents can be called to contribute, sharing the amount according to their possibilities, provided that the grandchildren’s needs and the parents’ incapacity are proven.
Practical Cases of Application of Grandparental Obligation
In state courts, there are several recent examples. The TJ-SP ordered a grandmother to pay child support equivalent to one minimum wage to her grandchild after proof that the mother was unemployed and the father was not regularly paying support.
The TJ-MG determined that both maternal and paternal grandparents should share the support for two grandchildren since the parents were in a situation of extreme economic vulnerability. The decision reinforced that the absolute priority is the child’s well-being, a principle set forth in Article 227 of the Federal Constitution.
Limits of Grandparents’ Obligation
Despite the possibility of charging, the STJ also set important limits:
- Grandparents do not automatically replace parents;
- It is necessary to prove the incapacity or insufficiency of the parents;
- The amount must respect the financial capacity of the grandparents so as not to compromise their own sustenance;
- The obligation is complementary or subsidiary, never preferential.
This means that one cannot directly jump to grandparents without first attempting to collect from the parents. The grandparental obligation only arises when it is clear that the parents cannot fulfill their alimentary duty in full.
Experts Advocate for Intergenerational Solidarity
According to family law professor Maria Berenice Dias, “the obligation of grandparents is a reflection of family solidarity. It is not about transferring responsibilities but about protecting the grandchildren when parents fail.”
Family lawyer Rolf Madaleno emphasizes that “grandparental support is not an automatic rule but a resource of social justice. It preserves the child’s dignity and prevents the parents’ vulnerability from falling on minors.”
The Protection of The Child as a Priority
The message from the law and the Justice system is clear: children and adolescents have absolute priority. If parents cannot guarantee sustenance, grandparents may be called to intervene, reinforcing that the family is an intergenerational support network.
This solution prevents minors from being left unprotected and translates the principle of family solidarity into concrete practice.
The inheritance from one generation to another is not only patrimonial but also about responsibility and care.
Que absurdo! É o fim da sanidade.
Os avós já vivem ferrados, com a aposentadoria uma mixaria, sendo roubados pelo INSS e ainda vai responder pelo filho maior de idade. Só nesse país **** mesmo que se vê isso. Estes legisladores não estão com nada!
Os avós ajudam como podem mas isso não deve ser uma obrigação jurídica. Os avós já lutaram a vida toda pra o sustento dos filhos, não deve ter essa obrigação com os netos. É hora de descansar ,usar sua aposentadoria pro seu próprio sustento,saúde e lazer.Tem que cobrar dos pais essa responsabilidade que eles trouxeram ao mundo sem pedir opinião dos pais.
Essa lei é somente quando os pais estão mortos,abriram uma exceção aí mesmo.os pais irresponsáveis estando vivos