Efectos de la Ley 8/2021 en la obligación de alimentos para hijos mayores de edad con discapacidad

The maintenance obligation, as set forth in articles 142 et seq. of Spanish Civil Code is a legal institution frequently applied in Spanish judgements resolving matrimonial crises. This institution gains particular relevance when the maintenance creditor is upon 18 years old and has some disabilities. Their specific protection, which was previously subject to a system positioned between that of a minor and an adult, is the subject of study in this paper. Specially, we address the modifications concerning the maintenance obligation introduced by Law 8/2021, of June 2nd, which reforms civil a procedural legislation to support people with disabilities in the exercise of their legal capacity, as well as the interpretative shifts in case law in order to adapt to this new support system.