Considerations on the Exemption from Child Support Payments due to the Achievement of Adulthood

Abstract

The current study, based on bibliographic indications and developed under deductive methods, intends to verify the necessity of the debtor of child support to a son to sue exoneration action when this son is no longer underage. In the early stages, we analyzed the legislation which determines the parents’ obligation to support offspring. Then, we did the distinction between the alimony due to this obligation to support (which exists only towards underage children or in any of the cases of mentally unstable individuals referred to by the law) and the alimony due to relation. The arguments expressed convey the idea that when the offspring turns eighteen, it ceases ipso jure the alimony obligation, regardless of the exoneration action. Finally, we suggested that the judges fix the limit to the referred obligation when the suportee turns eighteen, in order to avoid any doubts as to the need to promote an exoneration action.