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Understand how the pension up to age 24 works in practice, why the obligation does not end automatically at 18, and what criteria the court uses to maintain or end the payment during graduation.
The discussion about pension until age 24 appears whenever the child reaches adulthood and continues studying. In practice, the Brazilian justice system has consolidated the understanding that the alimony obligation does not cease automatically at age 18 and can be extended as long as necessary and linked to higher education. For university students, this means support until they complete their degree, provided objective requirements are met.
This scenario does not arise from a specific law what a cool age, but of stable jurisprudenceThe central point is simple and technical at the same time: majority changes the legal basis of the obligation, but does not eliminate the duty of assistance if the child has not yet achieved financial independence and is regularly enrolled, with proven academic performance.
What changes with the age of majority and why the obligation continues
Upon reaching the age of 18, the pension is no longer based on parental authority and begins to be supported by in the relationship of kinship and in the need.
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So, does paying tolls infringe on the right to come and go? Here's what the law clearly states.
Majority does not equate to economic independence, and the undergraduate period is seen by the courts as a legitimate stage of preparation for the job market.
Another decisive point is the due process for termination.
Cancellation cannot be unilateral.
A court decision is essential for dismissal, with the child's right to defense. This preserves legal certainty and avoids abrupt cuts in the middle of the academic cycle.
Pension up to age 24: what the courts usually require
In the most accepted standard, the pension until age 24 serves as a reasonable limit for completing higher education.
It is not an automatic and inflexible number, but rather a assumed parameter.
To maintain the benefit, judges observe three classic vectors: student need, possibility of who pays e proof of enrollment and attendance with compatible performance.
In practice, history of unjustified failures or excessive delays may lead to the cut.
On the other side, proof of enrollment, reports, internships and workload strengthen the request for maintenance.
The objective is to ensure support during training, and not perpetuate the obligation when the student already has the means to support himself.
When the obligation may end before age 24
There are clear situations in which dismissal is possible before the usual limit.
If the son completes graduation and becomes able to maintain itself, the obligation tends to end.
Effective financial autonomy, marriage or stable union are also factors that extinguish the duty.
Another important point is the nature of the study.
A second degree or postgraduate courses, as a rule, do not oblige the continuation of payment, unless exceptional cases of proven need.
The focus is on the first formation as a way of professional insertion.
How to request maintenance or exemption from pension
If your child is a university student and needs to keep the pension until age 24, the way is to instruct the process with documents: enrollment statement, timetable, transcript, proof of expenses and income.
The more objective and complete the dossier, the clearer the need becomes.
For those who pay and understand that there is already autonomy or that the requirements are not present, the correct step is file a dismissal action.
Do not stop payment on your own. The judicial route avoids the execution of alimony and other legal consequences.
The judge's decision adjusts the amount or terminates the obligation safely..
What happens when you turn 24?
Reached the 24 years, the tendency of the courts is to consider that the undergraduate cycle should be completedOr this usually terminate the obligation.
Even so, nothing is automatic. If there is exceptional situations duly proven, the judge may assess the maintenance or modulation of payment for a specific period.
Anyway, planning and transparency matter.
Anticipate the discussion, negotiate adjustments and present documentation on an ongoing basis reduce conflicts and maintain focus on the institute's purpose: enable the child's education and autonomy.
Points of attention to avoid procedural and financial errors
For the student, organize receipts and deadlines avoid surprises.
Proof of tuition, transportation, books and housing help demonstrate the real cost of university life.
For those who pay, review the contributory capacity and propose adequacy of value when there is a change in income it is the correct technical path.
Lastly, good communication practices between the parties can avoid unnecessary litigation. Pension up to age 24 it is neither a reward nor a punishment.
It is a transition instrument until the child reaches economic sustainability with the completion of graduation.
Also with so much scholarship from this help and to expect more worse things from the gut brain
**** This interaction of the law, judges study so hard to make unreasonable decisions. Young people in full enjoyment of their physical, mental, and intellectual health are taking advantage of the efforts of those who fought so hard to satisfy their privileges. For these and other reasons, so many young people are lost in Brazil. Congratulations to the Brazilian judiciary, which is destroying our country every day...
Absurd, an elderly, sick, retired person and having to pay a pension to a healthy young person, of legal age, in the name of university education.
Most young pension recipients take the course at night and have the daytime available to work. However, they are not interested in training and take the course without commitment or dedication just to receive the benefit.
The Legislature Needs to Review This Law on Payment of Alimony to Healthy Adults in Full Working Conditions to Support Themselves.
Think about this before having a child….