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After Years of Paying Alimony, a Father from Alagoas Decided to Go to Court to Terminate His Adult Children’s Benefit. The Favorable Decision Generated Great Repercussion and Sparked Debate on How Far Parents’ Obligation Goes.
A father obtained the right to stop paying alimony to his two adult children in court, after claiming that both were already capable of supporting themselves. The case was judged by the Court of Justice of Alagoas (TJAL), which upheld the first-instance decision determining the end of the obligation.
The two children presented a defense. One of them stated that he still needed the support because he was pursuing a professional qualification as an electronics technician.
The other claimed to have a mild disability and relied on alimony to supplement his income from his job.
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Arguments Rejected by the Court
The first-instance judge understood that the mentioned technical course had already been completed, dismissing the justification from the first son.
He also found that the second son, although having a mild disability, was employed in a position reserved for people with disabilities. In light of this, the court determined that the financial autonomy of both was proven and ordered the cancellation of the alimony.
Both appealed the decision, but the court upheld the ruling. During the judgment, it was recorded that, at the time, the children were 29 and 26 years old and did not demonstrate any real need or inability to work.
Understanding of the Court of Justice of Alagoas
The reporting judge emphasized in his vote that alimony payments to adult children should occur only in exceptional situations.
He noted that, in these cases, the goal is to prevent the benefit from becoming an incentive to idleness. For the magistrate, financial dependence cannot replace the personal effort of those who already have full work capacity.
Reflection on Prolonged Dependence
The case reignites a recurring discussion in Family Law: to what extent should parents continue to support adult children.
According to reports from lawyers, it is common for individuals with work capabilities to insist on maintaining alimony even when they have qualifications or jobs.
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