Child Maintenance

How can an adult child request child maintenance from their father and/or mother?

In light of the Portuguese Civil Code, parents have the duty to provide for the maintenance of their children until, at least, they reach 18 years of age.

When the young adult has not yet completed their professional training, the obligation of financial support from their parents may continue until the age of 25.

If, during the child’s minority, child support is established in favor of a child or young person, the obligation to pay alimony generally continues until the age of 25, provided that the individual has not already completed their education.

However, it may also happen that, until the age of 18, no alimony has been established, and the young adult needs their father and/or mother to pay child support. In these cases, they should approach the Civil Registry Office.

The young person should submit a request to the Civil Registry, which must be properly justified. This request should already include any available evidence.

The father and/or mother will be summoned to raise objections. If there is no objection, and if the legal requirements are met, the request for the establishment of child support will be declared valid. In the event of objections from the father and/or mother, the Registry will attempt conciliation to reach an agreement. If no agreement is reached, the case will be forwarded to the competent court for a decision.

Child maintenance will be paid directly to the adult child, and the payment terms and location must be specified in the agreement or decision.

 

Constança Bandeira Pinho 

Nuno Cardoso-Ribeiro

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