The legal obligation to give support extends beyond spouses and the parent-child relationship; the Family Code lists the persons obliged to support each other. Those obliged to support each other include: the spouses; legitimate ascendants and descendants; parents and their legitimate and illegitimate children, and the legitimate and illegitimate children of the latter; parents and their legitimate and illegitimate children of the illegitimate children; and, notably, brothers and sisters. For siblings, the obligation exists but is more limited: legitimate brothers and sisters, whether of the full or half blood, owe each other support, but this generally does not include support for education or vocational training when the sibling needing support is already of age, unless the need arises from a cause not attributable to the fault of the one needing support; the support due between siblings is essentially for the necessities of life. When several relatives are obliged to give support, the law fixes an order of liability: support must be demanded first from the spouse; then from the descendants nearest in degree; then the ascendants nearest in degree; and finally the brothers and sisters. Among descendants and ascendants of the same degree who share the obligation, the payment is divided in proportion to their resources. The amount of support in all cases is proportionate to the resources of the giver and the needs of the recipient, and it may be increased or reduced as these change. So support is a web of reciprocal obligations among relatives, with a defined order, and siblings do owe each other support, though more narrowly than parents owe children.
Who Must Support Each Other
The obligation to support extends beyond spouses and parent-child to a list of relatives, including ascendants and descendants, and notably brothers and sisters.
Support Between Siblings Is Limited
Siblings (full or half blood) owe each other support, but more narrowly — it is essentially for the necessities of life and generally excludes education for a sibling already of age, unless the need arose without their fault.
The Order of Liability
When several are obliged, support is demanded in order: spouse first, then nearest descendants, then nearest ascendants, and finally brothers and sisters. Same-degree relatives share proportionally. The amount is proportionate to means and needs.
Practical Takeaways
- Siblings and relatives, not just parents, may owe support;
- Sibling support is limited to necessities, generally not education for an adult;
- There is an order: spouse, descendants, ascendants, then siblings.
Frequently Asked Questions
Do siblings have to support each other? Yes. Legitimate brothers and sisters, whether of the full or half blood, owe each other support, but the obligation is more limited than between parents and children.
Does support between siblings include education? Generally no when the sibling needing support is already of age, unless the need arises from a cause not attributable to their own fault. Support between siblings is essentially for the necessities of life.
Who must be asked for support first? The law fixes an order: the spouse first, then the descendants nearest in degree, then the ascendants nearest in degree, and finally the brothers and sisters.
How is the amount of support determined? It is proportionate to the resources or means of the giver and the needs of the recipient, and it may be increased or reduced in proportion to changes in those resources and needs.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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