A groundbreaking decision by Greece’s Supreme Court (Areios Pagos) sets a new legal precedent: when a divorced father fails to pay the court-ordered child support for his underage child, the obligation is transferred to the paternal grandparents, who must then provide the required amount.

The Case

The couple married in October 2005 and had a daughter in December 2011. Four years later, their marriage was dissolved by court order, which granted custody to the mother and set the father’s monthly child support at €500 for the period 2015–2017.

However, the father paid the full amount only until February 2016, after which he unilaterally reduced the payments to €200 per month.

The mother took the matter to court and obtained a payment order of €4,774 against the father. However, enforcement proved impossible, as the father had no visible assets in Greece.

Before giving birth, the mother had worked in a tourism business earning €630 per month, including bonuses. The father, during their marriage, worked in his mother’s family-owned business, but in 2016 he moved to Bulgaria, where he and his brother set up a similar enterprise.

According to the court ruling, he now lives a luxurious lifestyle in Bulgaria, owns expensive cars, and even participates in car rallies, described as a “very costly hobby,” while concealing his income and assets.

Financial Situation of the Grandparents

After the divorce, the mother and child moved in with her parents — a retired father and a mother working as a cleaner — who covered all household and living expenses.

The paternal grandfather, a retiree, receives a monthly pension of €800 and €1,056 in rental income. The paternal grandmother owns the family business, which in their joint 2015 tax return reported gross earnings of €206,007.

Together, they possess significant real estate holdings, including multiple apartments and properties totaling hundreds of square meters, as well as cars.

In contrast, the maternal grandparents have modest incomes — a €500 pension and €1,000 per month from cleaning work.

The Legal Basis

The Thessaloniki Court of Appeals cited the Greek Civil Code, which provides that in divorce cases, if the financial means of either parent are insufficient to support the child, the obligation extends to the next ascendants — the grandparents — who must contribute equally to the extent the child’s needs are unmet by the parents.

The Supreme Court’s Decision

The Supreme Court upheld the appellate ruling, confirming that:

• The child’s total monthly support was set at €560.
• The father must contribute €200.
• The mother, based on her income, must pay €80.
• The paternal grandparents are jointly responsible for the remaining €280 per month.

The decision emphasized that the father’s parents are in sound financial condition, with considerable property and combined income exceeding €2,000 per month, whereas the maternal grandparents are unable to contribute due to their limited means.

Consequently, the Supreme Court’s Civil Division A1 rejected all appeals by the paternal grandparents seeking to overturn the lower court’s ruling.