Family maintenance is often discussed in the context of parents supporting their children. But, in certain circumstances, the law also allows a parent to seek maintenance from an adult child.
Can a parent claim maintenance from an adult child?
Under section 34 of the Parents and Children Relations Law 1990 (Law 216/1990), an adult child may be required to maintain a parent who cannot support themselves from their property or income, or through work suitable to their age, health and other circumstances.
This is not an automatic entitlement. The parent’s circumstances and the adult child’s ability to contribute must be considered.
The Court of Appeal recently considered such a claim in A.A. and another v I.X., Civil Appeal E91/2025, 15 May 2026. It upheld an interim order requiring two adult sons to contribute to their father’s maintenance while his application was pending. The decision recognises that a parent may seek maintenance under section 34, subject to the circumstances and evidence in the case.
What if the adult child cannot afford to pay?
The Court must consider the financial circumstances of both the parent and the adult child. A child is not required to pay maintenance if doing so would put their own ability to support themselves at risk.
Can a parent claim income from property transferred to a child?
Section 35 provides that, where the conditions in section 34 are met, a parent may also claim income from property they transferred to their child.
What does maintenance cover?
Under section 37, maintenance is assessed by reference to the needs of the person claiming it and the financial means available. It covers the person’s necessary living needs and welfare.
What information may be relevant?
A claim may require information about the parent’s income, property, health, living costs and ability to work, as well as the adult child’s financial circumstances and any relevant property transfers.
Phoebus, Christos Clerides & Associates LLC advises on family maintenance and related disputes. Contact our family law team to discuss your circumstances.
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