THE PAYMENT OF THE DAUGHTER’S PRIVATE UNIVERSITY CANNOT BE IMPOSED ON THE NON-CUSTODIAN PARENT, BEING REGARDED AS AN EXTRAORDINARY EXPENSE

THE PAYMENT OF THE DAUGHTER’S PRIVATE UNIVERSITY CANNOT BE IMPOSED ON THE NON-CUSTODIAN PARENT, BEING REGARDED AS AN EXTRAORDINARY EXPENSE.

The Barcelona Provincial Court has established in a recent judgment (APB judgment (18th) 768/2018 of 12 November 2018 no rec.314/2018) that the costs of the private university of the common child are extraordinary and therefore cannot be imposed on the non-custodian parent.

In the process of regulating the measures of minor children following a separation or divorce, one of the measures that is called into question is the amount of the alimony fixed for the children. In determining that pension, the economic situation of each parent and the expenses of minors or adults but even financially dependent must be taken into account.

There are the ORDINARY EXPENSES, paid for through the food pension. And the Expenses Extraordinary, which are those exceptional and that are not covered or subsidized (for example, less than you need glasses to see and are not covered by Social Security…), and that are normally paid to 50.

The judgment of the Hearing qualifies as ordinary expense those who have been made during the coexistence when the family was united and have been consented to by the parents.

The Hearing considers that, despite being a training expense and being considered as an ordinary expense for the purpose of being included in the content of the maintenance pension, the high cost of such studies in relation to the economic level of the family and the previous training cost affects the very nature of the expenditure and makes it extraordinary expense.

Since it is not a necessary expense, the consent of both parents is necessary and in this case the father has objected to their payment on the grounds of financial inadequacy.

Therefore, you cannot be required to pay half of the expenses of the private university

At ToscanoLex we are specialists in Family Law, providing practical solutions to marriage breakdowns and mediating the conflicts that arise from separation and divorce, so we will be happy to help you and solve all your doubts this personal situation, so difficult and frequent in our day.

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