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Maintenance of an adult child who is not financially independent

Family law

Maintenance of an adult child who is not financially independent

The Court of Cassation has ruled that a tacit agreement by which a child who has reached the age of majority allows the parent liable for maintenance to transfer the monthly maintenance payment directly to his or her account, contrary to a court decision in the context of marital separation or divorce, is invalid. The change in both the method of payment and the legal holder of the maintenance must be judicial and may not simply be settled between the parties (Court of Cassation III Civil Division No. 9700 of 13.04.2021).