Debunking Myths About Child Support

Introduction

Child support is one of the most frequently discussed yet misunderstood topics in Family Law. Various myths surrounding this issue often cause confusion and misunderstandings among the parties involved, whether parents, spouses, or even the beneficiaries. To prevent conflicts and ensure that all rights are respected, it is essential to clarify how this legal institution functions.

This article aims to debunk the most common misconceptions about child support, based on current legislation and Brazilian jurisprudence.

Main Myths About Child Support

Myth 1: "Child support is only for children."

Contrary to popular belief, child support is not exclusively for children. According to Article 1.694 of the Brazilian Civil Code, the duty to provide financial support is based on the principle of family solidarity. This means that ex-spouses or ex-partners who demonstrate financial need may also request support, provided they can prove they lack the means for self-sustenance and that the other party has the financial capacity to assist.

Myth 2: "Only fathers are responsible for paying child support."

The responsibility for paying child support is not exclusive to fathers. Both parents have an obligation to contribute financially to their children’s upbringing, in proportion to their financial capacity and the child’s needs. Brazilian jurisprudence reinforces the principle of parental equality, in which both mother and father share the responsibilities arising from raising and educating their children.

Myth 3: "Child support is a fixed and unchangeable amount"

The amount of child support is not permanent. It can be revised at any time upon proof of a change in the financial situation of the paying party (obligor) or in the needs of the receiving party (beneficiary). For example, job loss, reduced income, or increased essential expenses may justify a court-ordered adjustment of child support, as provided in Article 1.699 of the Brazilian Civil Code.

Myth 4: "Child support is only paid in cash."

Although monetary payments are the most common form of child support, the Civil Code allows other forms of financial assistance, such as "in-kind" payments. This means that the obligor may cover specific expenses directly, such as school tuition, health insurance, school supplies, and other essential needs. However, this arrangement requires an agreement between the parties or a court order, as Brazilian courts often prioritize cash payments for their simplicity and clarity.

Myth 5: "Child support automatically ends when the child turns 18."

Child support payments do not automatically cease when the beneficiary turns 18 years old. To be relieved of this obligation, the paying party must file a legal action for termination of child support, in which the court will assess whether the beneficiary still depends financially on the parent. Support may continue, for instance, if the child is pursuing higher education or technical training and is not yet financially independent.

Final Considerations

Understanding the intricacies of child support is essential to avoiding conflicts and ensuring that all parties are treated fairly and with dignity. Child support is not merely a legal obligation but also a reflection of the moral duty of care among family members.

For this reason, it is crucial for those involved to seek guidance from specialized attorneys to clarify any doubts and make informed decisions based on legislation and jurisprudence. By doing so, it is possible to ensure that the rights of all parties are respected, fostering a more harmonious and legally protected family environment.

Family Law, which is constantly evolving, reinforces the importance of solidarity, equality, and affection in family relationships—fundamental elements for the fair and effective application of child support.

If you have any questions, feel free to contact me. I am available to assist you in this process.

📱 WhatsApp: (19) 9.9278-5069 | 📧 Email: thais_marachini@hotmail.com