The Court of Appeal of Coimbra dismissed a claim by a father who refused to pay the stipulated amount of maintenance to his four-year-old daughter on the grounds that he had already done so by delivering goods because the mother, a minor, “does not manage money well.
The appellate judges consider that the parent cannot replace the obligation to pay in kind without the consent of the child’s mother, and upheld the decision of the Figueira da Foz Family and Juvenile Court of First Instance.
“Providing anything other than what is due, albeit of a higher value, releases the debtor from liability only if the creditor gives his consent,” the decision says.
According to the agreement on parental responsibility, the man is obliged to pay a pension of 150 euros. The minor’s father claimed that he did not transfer this amount for three months, having made the transfer of the amounts, as well as “food and other things.”
Author: Paula Gonçalves
Source: CM Jornal
