Under Brazilian law, reaching the age of majority does not automatically terminate an existing support obligation.

This principle was recently reaffirmed by the 9th Private Law Chamber of the São Paulo Court of Appeals, or Tribunal de Justiça de São Paulo (TJSP), in a proceeding involving a father seeking to terminate support payments to his adult daughter.

In Case No. 1027159-45.2025.8.26.0576, the court upheld the lower court’s ruling after determining that the circumstances supporting the financial obligation remained present.

What did the São Paulo Court consider?

The father argued that his daughter had already turned 18 and was living with her boyfriend in what he characterized as a stable union.

The daughter demonstrated that she remained enrolled as a full-time university student and was therefore not yet in a position to support herself financially through employment.

She also submitted a dating agreement, known in Brazil as a contrato de namoro, to support her position that living with her boyfriend did not reflect an intention to establish a legally recognized family relationship. According to her arguments, sharing a residence was also a means of reducing living expenses.

Under the specific facts of the case, the court found the document sufficient to reject the father’s allegation that a stable union existed.

The support obligation was therefore maintained until the daughter’s graduation.

Does child support automatically end at age 18 in Brazil?

No.

Once a child reaches legal adulthood, parental authority as the original basis for the obligation ends. However, Brazilian law recognizes that a separate support obligation may continue based on kinship and family solidarity when financial need remains.

This distinction is reflected in Precedent No. 358 issued by Brazil’s Superior Court of Justice, the Superior Tribunal de Justiça (STJ).

The precedent establishes that support payments for a child who has reached adulthood cannot be canceled automatically. Termination requires a judicial decision and an opportunity for both parties to be heard.

Accordingly, a parent subject to an existing court-ordered support obligation should not simply stop making payments because the beneficiary has turned 18.

Does university enrollment guarantee continued support?

University enrollment may be highly relevant, but it does not create an absolute entitlement to support until a specific age.

Brazilian courts may consider whether the adult child remains financially dependent while pursuing his or her education, as well as the nature of the academic program and the individual’s realistic ability to enter the workforce.

The analysis is fact-specific.

There is also no universal Brazilian rule under which support automatically expires when an adult child reaches age 21, 24 or 25.

Depending on the case, factors such as graduation, employment, independent income and changes in the financial circumstances of either party may support a request for modification or termination.

What is a dating agreement under Brazilian law?

One distinctive feature of the case was the use of a contrato de namoro, or dating agreement.

These agreements are generally intended to document the parties’ position that their relationship is a dating relationship rather than a união estável, a legally recognized stable union under Brazilian family law.

In this case, the agreement was considered relevant evidence supporting the daughter’s position.

The decision should not, however, be interpreted to mean that a dating agreement automatically prevents a court from recognizing a stable union.

Brazilian courts may examine the factual circumstances of the relationship rather than relying exclusively on the title or existence of a private agreement.

The distinction can have direct consequences for support obligations. Article 1,708 of the Brazilian Civil Code provides that the creditor’s marriage, stable union or concubinage terminates the obligation to provide support.

What does the ruling mean for support termination proceedings?

The decision reinforces the importance of evidence.

For a parent seeking termination or modification of support, the beneficiary’s age alone may not be enough. The proceeding should address whether the financial circumstances that originally justified the support obligation have materially changed.

For an adult child seeking continued support, evidence of ongoing financial need may become increasingly important after reaching adulthood.

University enrollment, academic schedule, income, employment opportunities, actual expenses and financial independence may all become relevant to the analysis.

A fact-specific assessment remains essential

The TJSP ruling does not establish that support must always continue after age 18.

Instead, it reinforces the opposite of an automatic rule.

Reaching adulthood, by itself, neither determines that support must continue nor authorizes its unilateral termination.

The outcome depends on the individual circumstances of the case, the evidence presented and the judicial assessment of financial need and ability to provide support under Brazilian law.