The Provincial Court of Salamanca has exonerated a father from Béjar from continuing to pay alimony to his 29-year-old daughter, due to his lack of interest in working and looking for a job, as well as his evident lack of affection for the parent. This is stated in the judgment of the First Section that confirms the ruling of the Court of First Instance number 8 of Salamanca.
The father, a plasterer by profession, paid 125 euros a month for each of the two daughters of his former marriage since he divorced his wife in 2005. In 2018 he already wanted to stop paying the pension, but the Justice in a first time it was rejected.
The father's arguments since then were based on the daughter's lack of interest in working or looking for a job. In the student field, he has a Vocational Training degree as a pharmacy and parapharmacy technician.
In the sentence, the Provincial Court considers that the "null" lack of relationship between father and daughter "is attributable only to the latter." In 2017 the girl moved to live with her father in Béjar. However, the coexistence was not as expected. Ell denounced him for alleged ill-treatment and her father had to leave her home. The case was filed.
"In her statement, the parent stated that during that time on some occasion her daughter called her parents and sister; that is, her paternal grandparents and paternal aunt to insult her and indicate that they did not have to help her father," recalls the judgment. In 2021, her father wrote to her to congratulate her on the Christmas holidays, but the young woman's response was abrupt and rude, ignoring him.
To maintain the pension, the girl stated that she suffered from a mixed adjustment disorder that caused her “anxiety, feelings of guilt, fear of being alone or of death, and obsessive thoughts; all of this related to the breakup of her parents and her partner”. He also presented a medication sheet issued by a psychiatrist in May 2021. "The hearing took place almost a year after the aforementioned consultation, specifically on February 1, 2022; (...) which shows either that he is stabilized or that has overcome that situation", reasoned the judges.
"Finally, note that there is no medical document provided in the records that proves that there is a direct relationship between this disorder and the possibility of performing a job and, therefore, there is no cause that prevents you from working," adds the resolution.
The Salamanca Provincial Court concludes that the young woman, at 29 years of age, "maintains an evident and manifest lack of interest in actively looking for a job and in working." "Although he does not have economic independence, this is only due to his lack of diligence and interest in obtaining a job since neither physical nor psychological cause has been proven so that, at the age of 29, he can get a job," he says. the court.
"Facts, which together with his life as a couple in Zamora for 10 years or the fact that he receives a subsidy, in short, come to corroborate the situation of passivity in which he has voluntarily placed himself in order to procure a way of life."
To all this must be added a "manifest disaffection" with respect to his father, "which in itself is already sufficient cause to extinguish the alimony", concludes the sentence.
