Raising the objection of endangerment of one’s own maintenance in a claim for child support of a minor child
From the combined interpretation of Articles 1485, 1486 para. 2, 1487, 1489 para. 2 and 1493 of the Greek Civil Code, it follows that minor children, even if they have property, are entitled to maintenance from both of their parents, provided that the income from their property or the proceeds of their work are insufficient to cover their needs. Both parents are jointly obliged to provide such maintenance, each according to their financial capacity.
It should be emphasized that the parent obliged (defendant) to pay maintenance cannot, in principle, raise against the child the objection that their own maintenance would be endangered. However, the defendant parent may raise such an objection if they claim that the child can seek maintenance from another liable person or can be maintained from their own property, which in this case must be used, by way of exception to the rule of Article 1486 para. 2 of the Civil Code.
In any case, “another liable person” also includes the other parent of the child.