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Remember this is Spain though
Grandparents ordered to pay maintenance for granddaughter's upkeep due to parents' unemployment
By: thinkSPAIN , Thursday, July 17, 2014
FOUR grandparents have been ordered by a judge to pay 250 euros a month between them in maintenance for their granddaughter in a landmark ruling that illustrates how every generation of a family is required by law to look after each other.
The parents of the child's father have been instructed to pay their son 135 euros a month for the little girl's keep, and her maternal grandparents are obliged to pay the child's mother 115 euros a month.
Both parents are struggling to be able to afford their daughter’s keep, since the mother only takes home a disability allowance of 438 euros a month and has two other young children from a previous marriage, and the father is unemployed and 'has little chance of getting one' due to 'mental health problems' he suffers from and for which he is in treatment.
The parents are separated and the father has no income whatsoever, meaning he has gone several months without being able to pay the mother maintenance for his daughter.
According to the judge at the court of Gijón (Asturias), it is 'strictly necessary' for the little girl to receive 250 euros each month 'to enable her to continue with her lifestyle', even though her basic needs are adequately covered.
The judge found that in accordance with Article 152 of the Spanish Civil Code, the legal requirement to maintain a dependent child 'ceases when the parent or guardian's fortune has reduced to the level of being unable to attend to said parent or guardian's own needs', as is the case with the girl's father, meaning by law he cannot be forced to pay maintenance money.
And the judge added that 'obligations and duties to dependent children are not limited to his or her parents' but follow a strict hierarchy in line with closeness of blood ties.
To this end, where a child's parents are unable to support him or her, the youngster's grandparents are duty bound to do so.
The amounts the girl's grandparents have been ordered to pay are 'in keeping with their personal financial situation', says the court verdict.
A unique and as-yet unseen case in Spain, the judge's decision has set a new precedent.
Legal action was brought by the child's mother, and the court ruled that in light of the mother's 'lack of financial means' and the father's 'state of insolvency', in this and similar cases a claim for maintenance could be made against the grandparents.
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Not sure what to think about that, as grandparents we have always helped out when needed and when able to, so to us it would be a natural thing to do.
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Ginnie all grandparents do but to be ORDERED to do so,
Spain looks after family your aging dementia patents live with you, you children stay until they get married and then still live with you , WHY should you look after the grandchildren more than you already do, at an age when your children should be thinking about looking after you !
And the turtle turns again only to be understood by disc world fans and sadly not an idea I can pass on any more !
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