A young man from Pontevedra has lost by court decision the right to receive the alimony that his father gave him for two decades.

Two different courts

have confirmed that he should no longer pay him because the boy does not study or work and the "absence of a real interest in actively seeking a job" on his part has been confirmed.

The father decided in 2021 to stop passing on to his son the pension

that a court determined in January 2000. At that time, after the separation of the parents, the obligation to pay maintenance to his former partner was established for the parent in favor of their common son, but, after 21 years, he understood that he had to withdraw that payment.

When he filed the lawsuit, the boy was already 28 years old -he is now around 30-, he

had finished his studies and was not looking for a job.

The Court of First Instance and Instruction number 1 of Redondela agreed with him in 2021, but

his ex-wife appealed

.

Now, the fifth section of the Provincial Court of Pontevedra, in a sentence to which EL MUNDO has had access, has once again confirmed the withdrawal of the pension.

The judicial decision even assumes that this parental obligation must be applied retroactively and his ex

-wife must return the money that she paid him unnecessarily.

The son finished his academic training on July 20, 2017, when he graduated as a Video, Disc-Jockey and Sound Technician.

Subsequently, between October 18 and November 24, 2020, he completed a training course as a bartender, but since then, he has neither continued training nor worked.

The mother does not agree with stopping receiving this pension due to the "absolute economic dependence" of her son, claiming that he is not enrolled in any training course, but "life is not only studies, but work" and until the time comes to sign his first contract "he needs help and sustenance from his parents, not just from his mother".

Did not renew the job application

Despite the fact that the woman alleged a "tireless" search for employment by her son, the sentence takes into account that the boy registered as a job seeker on March 21, 2014 and, until May 27, 2022, as He was only discharged for 1,747 days, less than half the time, since during the other half he was on leave because he did not renew the unemployment claim.

The Court of Pontevedra recalls that the obligation of parents to provide maintenance to minor children continues when they reach the age of majority, but subject to compliance with the conditions of continuity in the family home and lack of resources.

In this way, the Civil Code establishes as an assumption that it can lead to the termination of the pension "when the alimony need arises from

misconduct or its lack of application to work"

, including cases in which "there is disinterest in the job search".

For the Court of Pontevedra, this boy "far from showing the tireless search for work that is alleged in the appeal", shows disinterest.

As evidence, the court argues that he

has only been a job seeker for half the time he should have been

due to "he's carelessness in renewing his claim" and also the "long time elapsed since he finished his academic training." .

According to the criteria of The Trust Project

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