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TJDF Confirms Cancellation of Daughter’s Alimony at 23, Highlighting That Employment Difficulty Does Not Justify Alimony When Sick Father Depends on It.
In February 2025, the Court of Justice of the Federal District and Territories (TJDFT) analyzed an appeal involving case number 0702147-94.2021.8.07.0019, which pitted the legal duty of parental support against the financial autonomy of adult children. The case involved a bedridden father suffering from a serious illness, represented legally by his sister, who acts as his guardian. He asked the court for the permanent cancellation of the alimony he was paying to his 23-year-old daughter.
The young woman, in her defense, claimed that she had abandoned a technical course during the pandemic due to lack of resources and that, due to her limited professional experience, she faced difficulties entering the job market. The first-instance judge ruled to terminate the alimony obligation, and the daughter appealed to the TJDF. However, the Court upheld the ruling, confirming the termination of the alimony.
The Rationale of the Court of Justice’s Decision
The rapporteur of the case emphasized that the daughter had already reached civil majority and was able to engage in paid work, with no evidence in the records proving incapacity that would justify the continuation of alimony.
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In her vote, the judge stated:
“The beneficiary of alimony is 23 years old and is fit to work. No exceptional circumstance has been evidenced in the records that would justify the maintenance of the alimony obligation, which is why the appellant must seek, through her own means, the necessary resources to support herself.”
The decision also took into account the father’s situation, seriously ill and needing the money for his own support, reinforcing the legal binomial of the beneficiary’s need and the provider’s capability.
What Case Law Says
The TJDF’s understanding aligns with Summary 358 of the Superior Courtl of Justice (STJ), which states that the cancellation of alimony for adult children is not automatic but must be decided judicially in a contradictory process.
In practice, Brazilian case law has understood that:
- Alimony may extend beyond the age of 18 in cases of proven exceptional need, such as illness or enrollment in a higher education course;
- The mere claim of difficulty in finding a job is not enough to maintain the obligation indefinitely;
- The health and economic condition of the provider must also be taken into consideration.
The Social Debate: How Far Does Parental Responsibility Extend?
The case raises discussions about the limits of alimony. For many, parents have a moral duty to support their children until they achieve full autonomy.
However, the Justice has recognized that upon reaching majority, a child must take responsibility for their own sustenance, except in specific situations that prove incapacity.
In this process, the decisive factor was the father’s frail health, who depended on the resources to survive. The court found it unfair to maintain the obligation at the expense of someone who needed the amount for medical and basic care.
Impacts of the Court of Justice’s Decision
The ruling of the TJDF reinforces important points:
- Adult children do not have an automatic right to alimony;
- Difficulties in the job market do not justify, by themselves, the maintenance of alimony;
- The health and resources of the father or mother can be decisive in the exemption;
- The Justice requires robust proof of incapacity to maintain alimony after the age of 18.
Case number 0702147-94.2021.8.07.0019, judged in February 2025, illustrates the Judiciary’s pursuit of balance between the duty of support and the need for autonomy of adult children.
The ruling reinforces that the alimony obligation cannot be turned into an eternal responsibility, especially when the provider faces serious illness and needs the resources for their own survival.
The judgment leaves an inevitable question in the air: how far should a parent support a healthy adult child, and when is it time to demand independence?
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