Will my daughter keep the pension paid by her father if she marries?

Will my daughter keep the pension paid by her father if she marries?

"My eldest daughter, who is over 20 and a university student, receives maintenance from her father. She intends to get married this year and is worried about her father's obligation to continue paying her maintenance. He has already shown his displeasure when she told him she wanted to go to university. Will she still be able to demand the payment in question after she marries?

Sandra, Plan-les-Ouates

In principle, the obligation to provide maintenance ceases when the child reaches the age of majority, i.e. when he or she turns 18. However, beyond this age, the obligation to provide maintenance may continue under certain conditions. Article 277 of the Civil Code stipulates that if, when the child reaches the age of majority, he or she has not yet received an appropriate education, the father and mother must, insofar as circumstances allow, provide for his or her maintenance until he or she has acquired such education, provided that it is completed within the normal timeframe. Thus, a contribution is only due beyond the age of majority if the child has not yet acquired an appropriate education by the time he or she turns 18 and if circumstances make it possible to require the parents to continue to support the child. These circumstances are met if the child of full age devotes himself conscientiously to his studies, fulfils his family law duties towards his parents and does not compromise relations between parents and children. A university education is considered to have been completed, for example, when the chosen degree is obtained.

However, the interests of the parents must also be taken into account. The debtor will only be obliged to support his adult child if his income exceeds 20% of his subsistence minimum.

These conditions remain valid even if the adult child marries. However, the spouse's obligation to provide maintenance takes precedence by virtue of the spouse's obligation to provide support (art. 159 of the Civil Code). Therefore, only if your daughter's husband's income is sufficient will a downward adjustment of the contribution paid by her father be justified. On the other hand, her marriage can never be a reason for extending the burden imposed on the parent liable for the contribution.