Sat. Apr 20th, 2019

A father manages to recover the pension he paid for his eldest daughter because the mother hid him from work | My rights section

A father manages to recover the pension he paid for his eldest daughter because the mother hid him from work | My rights section



The alimony of the eldest children is legally extinguished when they enter the working world and are able to face their expenses. The economic independence mark, therefore, the end of the obligation of maintenance of the parents. Hide this situation entitles the parent to request a refund with interest of the amounts paid for child support. This is established by a recent ruling of the Provincial Court of Barcelona (see here the full text), that convicts a woman to return the monthly payments she received for her 24-year-old daughter (378 euros per month) Knowing that he had started working and received a salary higher than 900 euros. The court recognizes the right of the father to retroactively recover the pensions paid because the mother made an "abusive use" of his right, even though he rejects the unjust enrichment. The parent, dictates the sentence, he could not know that his daughter worked and had economic independence.

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The father had obtained a favorable ruling in the first instance. In her lawsuit she asked for the termination of maintenance in favor of her daughter, who had started working and earned just over 900 euros per month. In addition, he claimed the return with interest of the amounts he was paying (at a rate of 378 euros per month) until he learned that his daughter was working. The sentence condemned the mother to reimburse these amounts, bringing back the effects of the extinction of alimony, because she understood that she had been unjustly enriched.

The mother appealed the decision requesting that maintenance be maintained in favor of the common daughter claiming that the work was not stable (it was temporary contracts) and that the The girl's goal was to continue studying. The court, nevertheless, maintains the decision to extinguish its right to the collection of the pension and to compensate the father returning the monthly payments received since the signing of the employment contract.

The court rejects the mother's arguments because, as she points out, the incorporation to the labor world of the common daughter was demonstrated, who had been working for two years. The economic independence of the girl, explain the magistrates, is not at odds with the "admirable desire" to continue studying, which, they add, can be compatible with their work activity.

In relation to the return of monthly payments claimed by the father, the court is clear in stating that they are entitled to it because the daughter failed to fulfill her obligation to inform her of her incorporation into the world of work. The parent, underlines the sentence, he could not know that his daughter worked because he had no relationship with her, reason why it continued paying the food pension to which it was forced.

Although food allowances do not have retroactive effect and, as the court explains, there is no obligation to return maintenance, It is evident, he emphasizes, that there has been an abuse of right that forces to condemn the woman to the restitution of these amounts.

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