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POLL: Should Grandparents be forced to pay maintenance for their grandchildren?
Friday, July 18, 2014 @ 12:50 PM

Four grandparents have been ordered by a judge to pay 250 euros a month between them in maintenance for their granddaughter in a landmark ruling that illustrates how every generation of a family is required by law to look after each other.

The parents of the child's father have been instructed to pay their son 135 euros a month for the little girl's keep, and her maternal grandparents are obliged to pay the child's mother 115 euros a month.

Both parents are struggling to be able to afford their daughter’s keep, since the mother only takes home a disability allowance of 438 euros a month and has two other young children from a previous marriage, and the father is unemployed and 'has little chance of getting one' due to 'mental health problems' he suffers from and for which he is in treatment.

The parents are separated and the father has no income whatsoever, meaning he has gone several months without being able to pay the mother maintenance for his daughter.

According to the judge at the court of Gijón (Asturias), it is 'strictly necessary' for the little girl to receive 250 euros each month 'to enable her to continue with her lifestyle', even though her basic needs are adequately covered.

The judge found that in accordance with Article 152 of the Spanish Civil Code, the legal requirement to maintain a dependent child 'ceases when the parent or guardian's fortune has reduced to the level of being unable to attend to said parent or guardian's own needs', as is the case with the girl's father, meaning by law he cannot be forced to pay maintenance money.

Do you agree with the ruling? Please cast your vote and leave a comment...

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15 Comments

eggcup said:
Saturday, July 19, 2014 @ 9:02 AM

Yes. If the grandparents can afford it, why should they pay nothing? They might not be their children, but they're their children's children. It's a shame they didn't just volunteer to help (although I don't know the circumstances of the case). My parents would always help out my children if I fell on hard times or died before them. I believe parents love their children more than grandparents love their grandchildren (on the whole - there are loads of exceptions), but why not have a responsibility towards the second generation down? It didn't seem like a lot money either, but again it depends how well off these grandparents were or weren't.

Sten46 said:
Saturday, July 19, 2014 @ 9:21 AM

Agree with Eggcup's every word! Why don't they do this in Britain?

Yvonne said:
Saturday, July 19, 2014 @ 9:36 AM

In Spain, yes I agree, they are one family unit no matter whether they are parent or grandparent and the grandparents have a lot of responsibility for the children. They look after them when parents work, they spend all holidays and fiestas together and often share the same house, especially after a baby is born. It would have been better for them to help without the courts,but we do not know their circumstances. I do wonder if the roles were reversed , ie both of the grand children's parents were working and the grandparents were suffering hardship,would they be ordered to pay maintenance to the grandparents?

Michael said:
Saturday, July 19, 2014 @ 10:13 AM

I voted yes and I agree with the previous comments. Where the grandparents can afford to subsidize I think it only fair that they should assist. The children are an extension of themselves and a very important part of the greater family unit. Someone has to take responsibility for the children if the parents have been proven unable to provide for them. The taxpayer should only be called upon as a last resort.

Julie Riley said:
Saturday, July 19, 2014 @ 11:16 AM

no I don't agree. it's the adult who chose to have the children, not the grandparents. of course most grandparent would help out if needed, but it shouldn't be under a court order. what if the parents has 5 or 6 children, would the grandparents be expected to pay for all ?

Peter George said:
Saturday, July 19, 2014 @ 11:16 AM

Where is this going to end? Everybody wants handouts and not accept their responsabilities. The courts poke their noses in people's affairs and usually make a complete pigs ear. I think I read somewhere that more new laws have been introduced in Spain in the last 20 years than the 200 years before.If grandparents want to help ,fine. The courts should stay out of it.

When there were 10 laws or commandments, the world was much better. All new laws do is make works for lawyers ,barristers etc. Spain's courts are already overwhelmed by cases,there are more lawyers in Madrid than in the whole of France.

steve cummings said:
Saturday, July 19, 2014 @ 12:10 PM

No, this is totally wrong! So your daughter/son makes a rotten marriage (possibly against the advice of either or both parents) and then THEY have to support the offspring? NO WAY!

John McLean said:
Saturday, July 19, 2014 @ 12:28 PM

This is an insane ruling by the court, she is on disability benefits and already has 2 children, he has mental health problems and is unemployable, why did they have another child in the first place?
Why punish the grandparents for their stupidity

calamitykay said:
Saturday, July 19, 2014 @ 1:06 PM

I voted NO because although I agree with various aspects of all the previous comments, fundamentally I think it is wrong for the courts to get involved this deeply. The ruling states that the child's basic needs are being met and that the monies are to 'maintain her lifestyle'. I'm sure that there are a number of families have been forced to alter their lifestyles because of the economic crisis.
However, that said, I am a grandparent of 7 thanks to our 4 children. We are only too willing to help out where ever we can, be it babysitting, taking them here, there and everywhere, spoiling them rotten where we can etc - however, we are not financially well off and can not offer financial support even if it were law, so where would that leave us?
Would the courts then look at Great Grandparents? Not that there are any left in our family :-)

peterc said:
Saturday, July 19, 2014 @ 1:08 PM

This ruling could have set an unfortunate precedent. There is a future possibility that feckless parents will have multiple children knowing that the courts will order grandparents to pay should their financial situation deteriorate. How can this be fair? Adults are responsible for their own actions.

harddunby said:
Saturday, July 19, 2014 @ 2:43 PM

Spain we are always told has a great family interdependence attitude which this ruling blows that notion apart.

mphillips said:
Saturday, July 19, 2014 @ 8:48 PM

Every case should be dealt with on its own merits, just as this one has been.

212 said:
Sunday, July 20, 2014 @ 8:58 AM

Did I miss something?
"since the mother only takes home a disability allowance of 438 euros a month and has two other young children from a previous marriage"
Are the grandparents of the first two children also being taken to court?
if so, this unlucky lady could get an additional €500p.m. tax free giving her a total net income of €1,188p.m.!

Michael said:
Monday, July 21, 2014 @ 10:11 AM

As I said previously, I believe grandparents should be asked to help but only when it is clear that the parents have been proven to be in a hopeless situation. After all, what is the alternative? let the innocent children starve to death, get into the routine of stealing, drug dealing/drug taking, prostitution etc to make money to survive or once again, place a further burden on the old reliable, the taxpayer to shoulder the burden. We can have all the wringing of hands we like and comment until the end of time on the reasons why grandparents should not assist but we must be practicable and use common sense. INNOCENT children must be catered for and protected and only where is can be proven that the parents are hopelessly inadequate and irresponsible, then and only then, should the next nearest and dearest, the grandparents/extended blood relatives, be reluctantly asked to help and not be looking at the usual scapegoat - the taxpayer.

Pasha01 said:
Wednesday, July 23, 2014 @ 6:18 PM

If you want children you should pay for them, that's your responsibility. Too many people are having children they can't afford and frankly the world doesn't need. The world is over populated by billions, it simply is not sustainable. There are not enough jobs or resources. I want many things , but even though I work hard I can't afford them, so I don't have them. By the sounds of things this couple have many problems, so should never brought a child into the world in the first place. No child asks to be born and adults should think about what they are doing and whether they are equipped financially and emotionally before bringing another into this awful world.