Courts uphold divorced father’s appeal to stop alimony payments for his 29-year-old daughter because He doesn’t work, he doesn’t look for work or even care about him.
The couple divorced by mutual consent on November 18, 2005. Since then, the father had been paying alimony: 125 euros a month for each of the couple’s two daughters.
It’s not the first time this father has tried to get rid of this payment. In 2018 he was archived in the first instance. The sentence clarifies that, at that time, “the young woman could not live independently”, despite having an initial professional qualification of pharmacy and parapharmacy technician, because the situation of access to the labor market for young people “was complicated”. However, after that resolution, “no documentation is provided to prove that you have had a job, or are actively looking for a job, or are continuing to train.”
In fact, according to data from the General Social Security Treasury, worked only one day, between 10 and 11 May 2016, as reflected in his working life. Likewise, from January 1, 2021, he receives the insertion income from the Directorate of Social Services of Castilla y León in the amount of 401.92 euros.
The young woman, on the other hand, has lived for ten years as a couple in a house in Zamora, in northeastern Spain, even though she claims that the man her father refers to is her landlord and charges her just 50 euros per month. Furthermore, according to her chamber, there is a cause which, “by itself, is already sufficient to agree to the aforementioned extinction”.
Specifically, the lack of relationship between father and daughter attributable only to her. Some events that date back to 2017, when she went to live with her father in Béjar e The coexistence led to a complaint against the father for alleged mistreatment that forced the man to leave his home. The complaint was finally closed.
For all of this, the court concludes, the young woman, at the age of 29, “maintains an evident and manifest disinterest in looking for a job actively and to work, and despite not having economic autonomy, this is only due to his lack of diligence and interest in getting a job”.
Facts which, together with his married life in Zamora for ten years or the fact that he receives a subsidy, definitively corroborate “the situation of passivity” in which he placed himself “voluntarily” with respect to procuring a lifestyle.
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