How to cancel child support for an adult?

The topic of the determination, amount and duration of maintenance obligations is a complex legal issue. This article takes a comprehensive look at the topic of termination of maintenance for adult children not only in a legal context. It provides an overview of the legal aspects and procedures that parents can use when terminating a child support obligation.

When does the maintenance obligation for an adult child end?

At the outset, it should be said that the law does not set a precise age at which the maintenance obligation ends. The new Civil Code provides in § 911: "Maintenance may be awarded if the person entitled is unable to support himself." This means that the duration of the maintenance obligation is not limited to the age of majority, i.e. 18 years, nor to the age of 26 years, as the public often mistakenly believes, nor does it end when the person completes his or her studies.

Theoretically speaking, if an adult child is no longer able to support himself, the maintenance obligation ends with his death or the death of the obliged parents. However, this is how the provision can be understood in the case of a child who is handicapped and dependent on someone else's help. It is difficult to find justification for the case where the child deliberately avoids employment, studies indefinitely or is in prison. In practice, each case is dealt with individually.

How to (s)legally terminate maintenance payments to an adult child?

The first possible option is to terminate maintenance payments by mutual agreement. Ideally in a situation where the parent has a good relationship with the child. This could happen, for example, if the child informs the parent that it is no longer necessary to provide maintenance because the child has left school and started work. The agreement can also be in writing, here called a maintenance cancellation agreement. The agreement has no prescribed formalities. In general, it seems appropriate to refer to the last judgment by which maintenance was fixed and to indicate on what date maintenance will be terminated or when it will be sent for the last time. Both parties shall sign the agreement in their own handwriting.

What if there is no agreement?

In this case, it is advisable to file a petition with the court to cancel the maintenance. The petition should be filed with the district court of the child's domicile and should be accompanied by relevant facts. These may be, for example, a certificate of education, evidence of communication with the child, the last judgment by which maintenance was established. The others are to be ascertained by the court. The petition is exempt from court fees, which in practice means that the parent does not risk losing money by filing such a petition with the court.

Consequence of non-payment of maintenance without its formal cancellation

If maintenance is not officially cancelled but has been set by the court, the child can claim it. The maintenance judgment is called an enforcement order and the child can use it to start the enforcement process with the bailiff.