Maintenance for Adult Children: When It Is Owed, What It Includes, and When It May Be Rejected as Abusive
The parents’ obligation to provide maintenance does not automatically cease upon the child’s reaching adulthood.
From the combined interpretation of Articles 1485, 1486, 1489, and 1493 of the Greek Civil Code, it follows that parents owe maintenance to their adult child as well, provided that the latter cannot meet their own needs from personal assets or from employment appropriate to their age, state of health, and general living conditions, taking also into account their educational needs.
The “Measure” of Maintenance
The extent of maintenance is determined by the needs of the beneficiary, as derived from their living conditions, and includes what is necessary for their general subsistence.
“Living conditions” refer to the specific circumstances of one’s life, which vary depending on age, place of residence, educational needs, and health condition of the beneficiary, in combination with the financial capacity of the liable parent.
Education as a Reason for Inability to Work
A person is also entitled to maintenance when, due to their educational needs, they are unable to undertake appropriate employment that would allow the uninterrupted continuation of their studies.
The educational needs depend on the beneficiary’s broader living circumstances.
“Education” includes not only primary, but also secondary and higher/university education.
The student’s performance is also taken into account — namely, their ability to meet the demands of the level and type of studies they are pursuing.
In the case of an adult child lacking sufficient income or property and unable to work due to studying, maintenance includes not only expenses for food, housing, and other necessities of life, but also costs relating to their professional education (theoretical or technical) at any level, including university education.
Who Pays and How Much – Contribution of Both Parents
If an adult child entitled to appropriate maintenance (Article 1493 CC) sues only one parent, the defendant is entitled to raise, by way of objection (Article 262 of the Greek Code of Civil Procedure), that the other parent — depending on their financial means and other obligations — is also obliged to cover part of the maintenance.
If this objection is proven, the obligation of the defendant parent is limited to the portion corresponding to their own financial capacity and to the share that, on this basis, should be contributed by the other parent.
Requirements for a Properly Formed Claim
For a claim for maintenance to be properly founded, it suffices to set out:
• the family relationship (plaintiff as the child of the defendant),
• the lack of income and the objective inability to work,
• the defendant’s financial means / basic assets,
• the beneficiary’s needs determining the amount of maintenance, and
• the total amount claimed.
It is not required to break down the amount by category of expense or to provide a full analysis of the other parent’s income or specific expenses borne by each parent.
Article 1507 CC and the Objection of Abusive Exercise of Right (Article 281 CC)
According to Article 1507 CC, a provision of public order, parents and children owe each other mutual assistance, affection, and respect.
Manifestations of these duties include the desire to maintain communication, to provide support and compassion in good and bad times, and to show respect for the other’s personality. Within this framework, each is entitled — and obliged — to maintain the other when justified.
Consequently, if the person claiming maintenance acts in contradiction to the duties provided under Article 1507 CC, an objection of abusive exercise of the right (Article 281 CC) may be raised against their claim.
The filing of this objection does not necessarily require that the exercise of the right has caused unbearable consequences for the debtor.
However, to substantiate such an objection, specific facts must be alleged and proven, demonstrating a clear violation of the limits of good faith, morality, or the social or economic purpose of the maintenance right, as exercised by the claimant to the detriment of the defendant.
Such facts may include explicit and categorical declarations by the adult child that no emotional bond exists with the parent, or clear offenses against the parent’s person, or other conduct evidencing contempt, lack of love, or disrespect towards the defendant parent.
Therefore, to found an objection under Article 281 CC, it is necessary to allege and prove particular circumstances that, in the specific case, demonstrate an obvious excess beyond the limits of good faith or morality or the social or economic purpose of the maintenance right, as exercised by the claimant against the defendant.
Application in Practice
In a recent case handled by our Law Firm before the Single-Member Court of First Instance, our objection of abusive exercise of the right to maintenance was upheld.
The Court found that, based on the proven facts, the plaintiff had shown neither the slightest respect nor affection toward her father, with whom relations had broken down entirely due to her own fault.
Her constant and escalating financial demands, combined with a total lack of communication or genuine emotional concern, were deemed to clearly exceed the limits of good faith and morality.
Under these circumstances, the Court accepted the objection of abusive exercise of right and dismissed the maintenance claim as unfounded on the merits, emphasizing that the right to maintenance cannot be detached from the mutual affection and respect obligations inherent in the family relationship.
For any matter related to maintenance of adult children, family disputes, or claims between parents and children, you may contact Karpouzis–Lianou & Associates Law Firm.
Our team has specialized experience in handling family law disputes and provides legal guidance with responsibility, respect, and discretion.
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