In Scots law, there is a Latin phrase that signifies parents are obligated to provide financial support to their children only when no other means of support are accessible. This implies that if a child possesses a separate estate or inheritance, the parent is not required to provide alimony or financial aid.
In Scots law, the principle of “quia alimenta liberis non debentur nisi in subsidiium” states that a parent is not obligated to provide financial support to their child if another source, such as a separate estate, is already providing for them. Alimony is only due to children in aid, meaning that a parent is only required to support a child if no other source is available to do so. For instance, if a child’s grandparents have established a trust fund for them, the child’s parent may not be required to provide financial support to the child. However, if the trust fund becomes depleted or is no longer accessible, the parent may then be obligated to provide financial support to the child.
It is a Latin legal maxim that translates to “because nourishment is owed to children only in support.”
The purpose of this maxim is to establish the obligation of parents to provide for the basic needs of their children.
Yes, this maxim applies to both parents equally, regardless of their marital status or custody arrangement.
“Nourishment” refers to the basic needs of a child, including food, shelter, clothing, and medical care.
Yes, a parent can be held legally responsible for failing to provide for their child’s basic needs, and may face consequences such as fines or even imprisonment.
Yes, this maxim applies to children of all ages, from infants to minors.
In certain circumstances, such as if the child is adopted or if the parent’s rights have been terminated, a parent may be relieved of their obligation to provide for their child’s basic needs.
Yes, a parent may be required to provide more than just the basic needs of their child, such as educational expenses or extracurricular activities.
Yes, a parent may still be required to provide for their child’s needs even if they are unable to do so financially, and may be required to seek assistance from government programs or other sources.
If you believe a parent is not fulfilling their obligation to provide for their child’s basic needs, you should contact a family law attorney or child protective services to discuss your options and seek legal assistance.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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