When parents no longer live together, child support payments, which are the responsibility of one parent, can extend beyond the age of 18 and up to 25 years, as long as it is reasonable to require the parent to fulfill this obligation.
If no specific amount was determined for child support while the child was a minor, the request for support for an adult child must be presented at the Civil Registry Office.
With the enactment of Law No. 122/2015, of September 1, the obligation to pay child support to children now continues after they reach adulthood and until they complete their professional education, with the new age limit being 25 years.
The said Law No. 122/2015, of September 1, added paragraph 2 to article 1905 of the Civil Code, which now reads:
“For the purposes of the provisions of article 1880, it is understood that the support obligation remains after the child reaches adulthood and until the child turns 25, unless their educational or professional training process is completed before that date, has been voluntarily interrupted, or if, in any case, the obligated party proves the unreasonableness of such a demand.”
With this change, there is a significant shift in the burden of proof. Previously, it was the adult child's responsibility to file the lawsuit against the parent, alleging and proving that they were still undergoing professional training and therefore required financial support.
Currently, the adult child is relieved of initiating the lawsuit and the burden of proof. Instead, the parent who wishes to cease child support payments must file the lawsuit, alleging and proving that:
- The child’s educational or professional training process is complete, or
- The child voluntarily interrupted their education or professional training, or
- Regardless of whether the child’s educational or professional training process is completed, the continued demand for child support is unreasonable.
What if the parent obligated to pay does not take action?
If the parent who does not live with the child refuses to share the expenses, the case can be brought before the court, where the judge will assess the living situation of the child.
Law No. 122/2015, of September 1, also provided that the parent who primarily covers the expenses of a child over 18 years old, who is still in professional training and not yet financially independent, can demand a contribution from the other parent for the child’s living and educational expenses.
In conclusion, before Law No. 122/2015, of September 1, the only way for a child to continue receiving support after reaching 18 was to file a lawsuit against the parent obligated to pay. However, with the new law, this obligation now continues automatically for all individuals who turned 18 after October 1, 2015, and child support is owed until they turn 25 or complete or interrupt their professional training.
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