Father takes legal action to stop paying child maintenance as adult son earns same as him

For years, the routine was repeated on the first of every month: a bank transfer aimed at financially supporting his children following his divorce. However, the passage of time completely altered the family dynamics. One of his children completed his studies, entered the workforce and secured a succession of employment contracts until reaching an income close to the minimum wage. It was then that the question arose: should a parent continue paying child maintenance when the child is already employed?

Faced with the son's disagreement, the dispute ended up in the Provincial Court of Barcelona. The court has now ruled in favour of the father, agreeing to terminate the financial support payments he was still making to one of his adult children. The chamber concluded that the young man already possesses sufficient resources to support himself and that maintaining the financial obligation lacked justification, particularly when taking into account the father's own "delicate financial situation".

The ruling, handed down by Section 12 on 11 February 2026, partially overturns a previous judgment issued by the Court of First Instance and Instruction No. 1 of Santa Coloma de Gramanet. The lower court had initially maintained the financial aid, although reducing it to €100 a month. However, the provincial court now considers it legally proven that the son has achieved genuine financial independence.

The legal battle originated within a post-divorce modification of measures procedure. The father had requested the termination of child maintenance payments for his adult children on the grounds that both had entered the labour market and could support themselves without additional parental funding.

The lower court had initially accepted that request only in part. Now, after reviewing the evidence, the Provincial Court highlighted that one of the children "has already been working for two years" proving that his entry into the job market was neither temporary nor sporadic.

The judgment notes that although the son initially worked part-time, his working hours were subsequently increased, which in turn raised his salary bracket. According to the court's findings, he currently receives "a salary amounting to approximately €1,000 per month".

For the court, this figure is highly significant as it sits close to Spain's national minimum wage (Salario Mínimo Interprofesional). The magistrates determined that this level of income demonstrates a sufficient capacity to cover his own basic living costs. "It is enough to consider that he is financially independent," the ruling explicitly states.

The tribunal added another decisive element: the son had already completed his formal academic education. Therefore, he was no longer in a stage of professional training that would justify prolonging financial dependence on his parents.

Although the young man continues to live at home with his mother, the Barcelona Court ruled that this circumstance alone does not legally obligate the father to maintain child maintenance indefinitely. The key factor, the sentence stresses, rests on the existence of stable earnings and the realistic capacity for self-sufficiency.

The father's personal financial situation also heavily influenced the court's decision. During the course of the legal appeal, he was dismissed from his job and became entirely reliant on a monthly disability pension of €1,064.43.

The chamber described the scenario as "a totally unbalanced situation," given that the person obligated to pay had virtually the same income as the adult son receiving the benefits. In this context, the court concluded that the maintenance payments "can no longer be justified, not even in the reduced amount of €100, but must be terminated."

With this decision, the Provincial Court of Barcelona has cancelled the obligation to continue paying child maintenance to the adult son, effective from the date of the judgment. The remaining measures established in the original divorce decree, including any maintenance corresponding to the younger daughter, remain unaffected.