The Provincial Court of Cádiz has ratified a ruling issued in the first instance that agreed to remove the alimony of 150 euros that a 22-year-old woman currently residing in Lanzarote received from her father "because the economic independence of the latter has been proven." The court points out that the daughter "works and is self-sufficient," pointing out, in fact, that she even earns more than her father.
It was the young woman's mother who appealed the decision that the judge of first instance made in April 2017, alleging that the young woman's alleged independence was "not" such, as she stated that "in July" her "contract" would end and that she was going to return to live with her. In addition, she said that "the father's bad economic situation is not true", who stated that he had "to return to Morocco", where he had no work and lived with his parents. The appeal pointed out that the father receives "almost three times more income than at the time the alimony was established." The mother also stated that her daughter's "medical problems or her attempt to continue her education" had "not" been interpreted "correctly."
However, in the opinion of the Provincial Court of Cádiz, "the economic emancipation" of the young woman, "currently 22 years of age," is "proven." "Since July 2016, it has been recognized that she lives in Lanzarote and that she did not obtain a place to pursue the desired studies, so she tried to take advantage of the time and work in the Canary Islands, where her older sister already lived," the ruling states. According to the court, the young woman "was hired in the hospitality sector for a year and there is no record that her situation has changed, receiving about 820 euros net per month, and with a certain vocation for permanence, as she is trying to obtain her driver's license on said island, where she is registered."
Regarding her father, the ruling states that "he has an income of 800 euros, that is, somewhat less than his daughter" and that "what he receives for renting a home is less than what he has to pay for a mortgage loan that burdens the rented home."
There is no record of "a true interest" in resuming her studies
Thus, for the Provincial Court, "the change in circumstances is proven, not so much due to the greater or lesser level of income of the father, but what has changed and in an evident way is the economic capacity of the daughter, who lived with her boyfriend away from the family home, works and is self-sufficient, although with the obvious limitations that derive from the level of studies and the sector where she is employed" and, therefore, ratifies that the alimony be eliminated.
And, it points out that the Civil Code, in its article 42, states that "the obligation to provide food also ceases when the recipient can exercise an office, profession or industry, or has acquired a destination or improvement of fortune, in such a way that alimony is not necessary for their subsistence", something that it considers "happens in this case."
In addition, the court considers "correct" the reasoning of the appealed resolution "regarding the lack of real foresight" of the young woman "to resume her studies, not finding a true and contrasted interest" and considers that "the medical documentation provided does not have sufficient entity to change the decision." However, an appeal for cassation can still be filed against the ruling, as indicated therein.
