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The Spanish Association of Family Lawyers ( Aefa ) assures that the children of age with their own income and living in the family home are obliged to contribute financially at home ; An obligation that includes article 155 of the Civil Code, so that, in extreme cases, the judge may demand that they leave the domicile if they do not make that contribution.
"The greatest obstacle lies in the fact that parents must litigate against the child, which is not often frequent, a misunderstanding of responsibility beyond what is appropriate, and maximum in a context of family conflict, Affirms the president of the association, Maria Dolores Lozano. For Lozano, the economic contribution of the descendants "is just, convenient and necessary. It is part of their education and integral formation. It prepares them to learn to assume their own responsibilities in their adult lives. "
"Nobody questions, nor the young people themselves, that when they go to live with friends they have to pay the part of the common expenses and directly assume their personal ones. So why is it shocking when the home they share is the family home? "He asks.
The fact that the adult child has no income and lives in the parents' home does not exempt him from fulfilling a series of duties, says Arafat. The due respect to parents and other relatives who live in the home, the compliance of domestic nature of the parents, as well as the obligation to collaborate on household chores are some of these responsibilities.
In the event that the children have no means of subsistence, they have the right, although conditioned and limited temporarily, to receive food or support from their parents, the lawyers add. These rights include food allowance, housing needs, clothing, medical care, and studies.
Proper attitude
In compensation, Asafa recalls, "the child must maintain an attitude and conduct appropriate to his parents, provide training and employment in the studies. That is to say, to maintain an attitude tending to obtain academic formation to be able to access a job and try to earn the subsistence by itself ".
Therefore, the maintenance of the children is not extinguished by the age of majority, but the obligation of the parents is prolonged until the offspring have reached economic "sufficiency", as long as their behavior is not inappropriate. For this reason, Asafa remembers that the judges, aware of this social reality, have increased the sentences in which they agree on the termination of the maintenance allowance that the divorced parents had the obligation to lend to their children of age that a long Of the years have shown no interest in studying or working and have become "a burden to their parents without any effort on their part," in the words of the judges.
Duties of minors
As for the minor children, they also have to fulfill a series of duties in the family, respecting their parents and siblings, as well as other relatives.
With the normative change introduced in 2015 through Law 26/2015, of July 28, to modify the system of protection for children and adolescents, minors must participate and be jointly responsible for the care of the home and the realization of Household chores according to their age, their level of personal autonomy and ability, and regardless of their sex.
For this reason, for example, minors must participate and be jointly responsible for the care of the home and domestic tasks and respect the rules of coexistence and respect the people with whom they relate, both in the home and in society, say lawyers.
"The greatest obstacle lies in the fact that parents must litigate against the child, which is not often frequent, a misunderstanding of responsibility beyond what is appropriate, and maximum in a context of family conflict, Affirms the president of the association, Maria Dolores Lozano. For Lozano, the economic contribution of the descendants "is just, convenient and necessary. It is part of their education and integral formation. It prepares them to learn to assume their own responsibilities in their adult lives. "
"Nobody questions, nor the young people themselves, that when they go to live with friends they have to pay the part of the common expenses and directly assume their personal ones. So why is it shocking when the home they share is the family home? "He asks.
The fact that the adult child has no income and lives in the parents' home does not exempt him from fulfilling a series of duties, says Arafat. The due respect to parents and other relatives who live in the home, the compliance of domestic nature of the parents, as well as the obligation to collaborate on household chores are some of these responsibilities.
In the event that the children have no means of subsistence, they have the right, although conditioned and limited temporarily, to receive food or support from their parents, the lawyers add. These rights include food allowance, housing needs, clothing, medical care, and studies.
Proper attitude
In compensation, Asafa recalls, "the child must maintain an attitude and conduct appropriate to his parents, provide training and employment in the studies. That is to say, to maintain an attitude tending to obtain academic formation to be able to access a job and try to earn the subsistence by itself ".
Therefore, the maintenance of the children is not extinguished by the age of majority, but the obligation of the parents is prolonged until the offspring have reached economic "sufficiency", as long as their behavior is not inappropriate. For this reason, Asafa remembers that the judges, aware of this social reality, have increased the sentences in which they agree on the termination of the maintenance allowance that the divorced parents had the obligation to lend to their children of age that a long Of the years have shown no interest in studying or working and have become "a burden to their parents without any effort on their part," in the words of the judges.
Duties of minors
As for the minor children, they also have to fulfill a series of duties in the family, respecting their parents and siblings, as well as other relatives.
With the normative change introduced in 2015 through Law 26/2015, of July 28, to modify the system of protection for children and adolescents, minors must participate and be jointly responsible for the care of the home and the realization of Household chores according to their age, their level of personal autonomy and ability, and regardless of their sex.
For this reason, for example, minors must participate and be jointly responsible for the care of the home and domestic tasks and respect the rules of coexistence and respect the people with whom they relate, both in the home and in society, say lawyers.
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