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A cut in the judicial data led to a decision of the Athens Court of First Instance according to which after the parents’ separation and if they cannot provide the necessary things for their children, the grandparents will also pay alimony.
According to the decision, the grandfather of a minor child will participate in his alimony after the divorce of his parents. In this case, the grandmother proved to have no financial means.
The case came to the Court as a result of a request submitted by the mother of the minor, because her ex-husband, due to financial weakness, was not consistent in the payment of monthly alimony. Taking advantage of the provisions of the law, the woman turned against her ex-husband’s parents, demanding that the grandparents assume their share of the minor’s maintenance expenses.
Obligation. The court ruled that “if there are no cations, the beneficiary’s parents are responsible for the maintenance in order.” If there are no parents, the grandparents are responsible for the maintenance of the paternal or maternal line, and then the grandparents of the paternal and maternal line. In fact, according to the reasoning of this interesting judicial decision, “their obligation is in equal parts, if they are more than one debtor in the same degree, regardless of whether it is a paternal or maternal line. The fact that one of them is richer than the other does not matter. It is not excluded, for more than one debtor in equal parts, that one of them complies with the obligation in kind, that is, offering food and the other providing the food in money ”.
Emergency. In the present case, the applicant, who is in charge of her unbaptized son, invoked an urgent case at her request and requested that her paternal grandparents, respectively, be temporarily obliged to pay a total of 400 euros per month as responsible for his upbringing. . her youngest grandson.
The mother, as a result of the decision, is dedicated to the care, supervision and upbringing of her son, who due to his age needs her presence and care. “The personal work of the applicant in the home and in the supervision of the minor as well as the provision of food in him, are services related to the settlement and are valued in money”, it is stated in the text of the court ruling.
Based on the evidence provided, the court considered that in order to meet the needs of the minor, since they arise from the current conditions of his life and in particular from his needs for clothing, food, education, medical care, entertainment and general maintenance, The total amount of 480 EUR is required, taking into account the financial situation of your parents. However, taking into account the economic situation of the child’s grandfather and grandmother, he considered that the former can, without risking his own life, contribute the amount of 120 euros a month to his grandson, while the grandmother for serious problems health and general financial situation, it was considered that he could not contribute financially.
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