[Legal status as at January 2019]

Based on Article. 133 § 3 KRO parents have the possibility of avoiding the obligation to pay maintenance to an adult child if it is associated with excessive prejudice or if the child does not make efforts to obtain self-subsistence. Referring to the first premise, it is, of course, a financial defect. We then compare the amount of child support paid by parents to the amount of their income and check whether meeting the obligation does not significantly hinder the basic needs of parents. The second premise may be that the child does not achieve results during studies or not receive promotion to a higher class through his fault. Each case, however, is judged individually by the court, because many premises may speak for or against recognizing a certain case as one that permits the evasion of the alimony obligation.

Doubts in doctrine are caused by the relationship between art. 133 § 3 KRO and art. 1441 KRO. Pursuant to art. 1441 KRO may be obliged to avoid the obligation to pay maintenance to the person entitled, if the request for maintenance is contrary to the principles of social coexistence ("You can not make use of your right that would be contrary to the socio-economic purpose of this right or the rules of social coexistence") 5 KC), while such an exemption may never concern the obligation of parents towards minor children.

Exemption from art. 1441 KRO deals with situations that are contrary to the rules of social coexistence, so it is definitely a wider scope allowing for the evasion of the maintenance obligation even if the conditions of art. 133 §3 KRO. It may refer, for example, to a situation in which an adult child who is exemplary in his studies and parents can not complain about their financial situation, in a grossly reprehensible way refers to parents, shows them disrespect or disrespect, it can be considered as contrary to the obligation of mutual respect of parents and children from art. 87 KRO. In practice, however, more often the exemption from art. 1441 KRO refers to the situation in which parents obtain child support from their adult children due to their poor financial situation (related to age, illness). The contradiction of such a situation with the principles of social coexistence may take place when a parent (or both) who now attains alimony, for many years maltretał their children physically and mentally when they were still minors, which imprinted an indelible mark on their entire life. You can also indicate a less drastic example such as the situation in which the father left the family, including his minor child, when he is only a few years old, and later does not have any contacts with him, causing that the child is not even able to recognize him. Contrary to the rules of cohabitation, it seems that this father received alimony from his child, while he did not provide his child with protection and care when the juvenile needed it.

In such situations, the child / parent / or other obligated person may try to free himself from a maintenance obligation which is manifestly contrary to the rules of social coexistence.

The matter of abrogating the maintenance obligation takes place in the ordinary procedural mode, which means that we do not apply the provisions of the CCP regarding separate proceedings from relations between parents and children.