Grandparents ordered to pay maintenance for granddaughter's upkeep due to parents' unemployment
Thursday, July 17, 2014 @ 3:03 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.
Read more at thinkSPAIN.com