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Grandchildren May Be Required to Pay Alimony to Elderly Grandparents When Children Cannot or Have Passed Away, Confirms STJ, Reinforcing Family Solidarity Between Generations.
When it comes to alimony in Brazil, most people think of parents supporting children or, in some cases, adult children contributing to support elderly parents. But the legislation goes further. The Brazilian Civil Code, in Articles 1.694 and 1.696, provides that the obligation for alimony is reciprocal and intergenerational, covering all ascendants and descendants. This means that, in situations of need, grandparents may be required to provide support to their grandchildren—a well-established obligation in Brazilian law—and, conversely, grandchildren may also be called upon to contribute to the sustenance of their grandparents.
The basis for this rule is the principle of family solidarity, which understands the family as a network of reciprocal support, where each generation can be called upon to protect the other in moments of vulnerability.
What Does the Law Provide About Alimony Between Relatives – Can Grandchildren Be Required to Pay Alimony?
The Article 1.694 of the Civil Code establishes that “relatives can ask each other for the alimony they need to live in a manner compatible with their social condition.”
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Article 1.696, in turn, reinforces that the obligation is reciprocal between parents and children and extends to all ascendants, falling first on the closest relatives.
In practice, does this mean that grandchildren can be required to pay alimony?
- As a rule, children have priority in supporting elderly parents;
- In their absence, or if their economic incapacity is proven, the court may determine that grandchildren take on the responsibility, in whole or in part.
This mechanism ensures that the vulnerability of an elderly person does not turn into abandonment or misery, reinforcing the protective role of Family Law.
Legal Basis to Discover If Grandchildren Can Be Required to Pay Alimony
- The Article 1.694 of the Civil Code states that relatives can request alimony from each other, according to the needs of the requester and the ability of the payer.
- The Article 1.696 expands this rule and establishes that the obligation is reciprocal between parents and children and extends to all ascendants.
- This means that if the children (the first obligated) cannot support the parents, the responsibility may pass to the grandchildren.
Jurisprudence Confirming the Obligation of Grandchildren
Although less frequent than the obligation of grandparents to grandchildren, the so-called “reverse grandparental alimony obligation” has been confirmed in numerous decisions by the Superior Court of Justice (STJ) and state courts.
- In 2019, the STJ examined an appeal in which an elderly grandmother, unable to sustain herself, sought alimony from her grandchildren after the death of all her children. The court recognized the obligation, emphasizing the reciprocal nature of alimony.
- In 2021, the TJ-SP ruled that three grandchildren should pay alimony in favor of their grandmother after proving the financial incapacity of the children, setting proportional amounts according to each one’s situation.
- In 2022, a ruling from the TJ-MG confirmed that, even if there are children, when their absolute economic incapacity is demonstrated, grandchildren can be summoned.
These precedents show that the Judiciary understands the duty as part of the fabric of solidarity that unites the family.
Criteria Applied by the Courts
Just like in other alimony actions, the determination of alimony follows the necessity x possibility binomial:
- Necessity: the vulnerability of the grandfather or grandmother must be proven, including advanced age, illness, incapacity to work, or absence of a minimum income.
- Possibility: grandchildren must contribute according to their financial capacity, proportionally. A grandchild with a higher income may bear a higher amount than another in a more modest situation.
This balance seeks to avoid placing an excessive burden on one part of the family while ensuring the dignity of the elderly.
Social Impact: The Aging of the Brazilian Population
This debate becomes even more relevant in light of the accelerated aging of the Brazilian population. According to the IBGE, by 2030, the number of elderly individuals in the country will surpass that of children up to 14 years.
As a result, the pressure on social protection systems, such as Social Security, increases—and the courts tend to be more engaged in resolving family sustenance conflicts.
Cases where children cannot provide for the support of parents—due to unemployment, illness, or death—end up falling on the grandchildren, who are called to assume the responsibility.
The Difference Between Moral Obligation and Legal Obligation
Caring for grandparents is socially seen as a moral duty, but when the law intervenes, this duty gains legal force.
The Civil Code and jurisprudence convert into a legal obligation what is already expected as a duty of intergenerational care.
The risk, according to specialists, is that many families are unaware of this right of the elderly. This way, grandparents in vulnerable situations may remain unsupported when the law guarantees them the opportunity to legally demand support from their descendants.
Experts Comment on the Expansion of the Duty
Family lawyer Regina Beatriz Tavares da Silva observes:
“The duty to provide alimony is not limited to children and parents. It is an intergenerational duty that ensures that no elderly person is left unprotected, even if they need to summon their grandchildren.”
Professor Rolf Madaleno, a reference in Family Law, adds:
“This is not about punishing grandchildren, but about sharing responsibilities. Brazilian law understands the family as a network of support, and this network should extend beyond the first line of kinship.”
Critiques and Practical Challenges
Despite the legal backing, the application of this rule faces challenges:
- Proportional Distribution: determining how much each grandchild should pay can generate conflicts and prolonged judicial disputes;
- Financial Capacity: young grandchildren just starting their careers or students often lack sufficient income, and the establishment of alimony needs to consider this;
- Emotional Effects: compelling grandchildren to pay alimony may generate family tensions that go beyond the financial aspect.
Nonetheless, specialists emphasize that the principle of human dignity must prevail, ensuring that the elderly are not left marginalized.
Family Solidarity Recognized in Law
The jurisprudence and the Civil Code are clear: grandchildren can indeed be required to contribute to the sustenance of their grandparents in situations of need.
This measure reinforces the idea that the family is the first circle of social protection, even before the state.
In a rapidly aging country, this principle becomes even more important to ensure dignity in old age and balance between generations.
The message from the courts is clear: when children cannot support, grandchildren must do their part in family solidarity.
E quando não existe vínculo afetivo dos avós com netos e filhos? Décadas de distanciamento entre os parentes.
Eu concordo, porque quando do os filhos não conseguem pagar a pensão alimentícia para os netos, são os avós que são obrigados a pagar. Porém isso deve estar relacionado com o vínculo afetivo. Quer dizer, os avós que tem vínculo afetivo com o neto com certeza vai fazer de tudo para ele, e os netos que tem vínculo afetivo com os avós vão fazer de tudo pelos avós. Nem precisa de lei para isso.
Eu pago imposto pra que? Assim como eu milhares de CLT trabalham duro nesse pais, nos esforçamos nos qualificamos e pagamos um absurdo de imposto para que no futuro não dependemos de nossos filhos e netos e sim de nossa aposentadoria, pois nossos filhos e netos assim como nós terão suas lutas suas conquistas e também pagaram um abuso de imposto para se garantir no futuro. A pergunta é! Para onde vai a arrecadação abusiva de imposto desse governo? Para o bolso dos aliados desse governo? Para a imprensa comprada? Lei Rouanet? Viagens internacionais? Isso tem que acabar não aguentamos mais.
Uma coisa não tem haver com outra. Você confundiu os assuntos.