The provisions of Articles 1486 et seq. of the Civil Code, which regulate the obligation of maintenance, constitute mandatory rules of law. However, an agreement between the parents regarding the amount of maintenance is not excluded. The validity of such an agreement is subject to the condition that it does not include a total or partial waiver of the right to maintenance for the future, since, pursuant to Article 1499(a) of the Civil Code, any waiver of maintenance for the future is invalid. Consequently, such an agreement is null and void and does not bind the beneficiary.
More specifically, with regard to maintenance owed to a minor child by their parents, Article 1497 of the Civil Code provides that parents have the right to determine the manner and the time intervals for the advance payment of maintenance. It should be emphasized, however, that under no circumstances is a waiver of the child’s right to maintenance valid.