Supreme Court: If a father fails to pay child support, the grandparents must step in

A groundbreaking determination by Greece’s Supreme Court (Areios Pagos) sets a caller ineligible precedent: erstwhile a divorced begetter fails to wage the court-ordered kid enactment for his underage child, the work is transferred to the paternal grandparents, who indispensable past supply the required amount.

The Case

The mates joined successful October 2005 and had a girl successful December 2011. Four years later, their matrimony was dissolved by tribunal order, which granted custody to the parent and acceptable the father’s monthly kid enactment astatine €500 for the play 2015–2017.

However, the begetter paid the afloat magnitude lone until February 2016, aft which helium unilaterally reduced the payments to €200 per month.

The parent took the substance to tribunal and obtained a outgo bid of €4,774 against the father. However, enforcement proved impossible, arsenic the begetter had no disposable assets successful Greece.

Before giving birth, the parent had worked successful a tourism concern earning €630 per month, including bonuses. The father, during their marriage, worked successful his mother’s family-owned business, but successful 2016 helium moved to Bulgaria, wherever helium and his member acceptable up a akin enterprise.

According to the tribunal ruling, helium present lives a luxurious manner successful Bulgaria, owns costly cars, and adjacent participates successful car rallies, described arsenic a “very costly hobby,” portion concealing his income and assets.

Financial Situation of the Grandparents

After the divorce, the parent and kid moved successful with her parents — a retired begetter and a parent moving arsenic a cleaner — who covered each household and surviving expenses.

The paternal grandfather, a retiree, receives a monthly pension of €800 and €1,056 successful rental income. The paternal grandmother owns the household business, which successful their associated 2015 taxation instrumentality reported gross net of €206,007.

Together, they person significant existent property holdings, including aggregate apartments and properties totaling hundreds of quadrate meters, arsenic good arsenic cars.

In contrast, the maternal grandparents person humble incomes — a €500 pension and €1,000 per month from cleaning work.

The Legal Basis

The Thessaloniki Court of Appeals cited the Greek Civil Code, which provides that successful divorcement cases, if the fiscal means of either genitor are insufficient to enactment the child, the work extends to the adjacent ascendants — the grandparents — who indispensable lend arsenic to the grade the child’s needs are unmet by the parents.

The Supreme Court’s Decision

The Supreme Court upheld the appellate ruling, confirming that:

• The child’s full monthly enactment was acceptable astatine €560.
• The begetter indispensable lend €200.
• The mother, based connected her income, indispensable wage €80.
• The paternal grandparents are jointly liable for the remaining €280 per month.

The determination emphasized that the father’s parents are successful sound fiscal condition, with sizeable spot and combined income exceeding €2,000 per month, whereas the maternal grandparents are unable to contribute owed to their constricted means.

Consequently, the Supreme Court’s Civil Division A1 rejected each appeals by the paternal grandparents seeking to overturn the little court’s ruling.