Legal Definitions - quia alimenta liberis non debentur nisi in subsidium

The Latin phrase quia alimenta liberis non debentur nisi in subsidium, originating from Scots law, translates to "because support is not owed to children except in aid."

This legal principle establishes that a parent's financial obligation to support their child is secondary or supplementary. In essence, if a child possesses their own sufficient means of financial provision—such as personal assets, income, or funds from a trust—the parent's duty to provide direct financial support is reduced or may not be required at all. The parental obligation only becomes active "in aid" when these other resources are insufficient to meet the child's needs.

Here are some examples illustrating this principle:

• Example 1: Child with a Significant Inheritance

  Imagine a 15-year-old named Alex whose wealthy grandparent passes away, leaving Alex a substantial inheritance in a managed trust fund. This fund is specifically designated to cover Alex's living expenses, education, and other needs until adulthood. According to quia alimenta liberis non debentur nisi in subsidium, Alex's parents might have a reduced or even no direct financial obligation to provide "aliment" because the inheritance serves as the primary source of support. The parents' duty would only arise if the trust funds proved insufficient for Alex's reasonable needs.

• Example 2: Successful Child Performer

  Consider Maya, a talented child musician who, at age 12, earns a significant income from recording contracts and performances. A portion of her earnings is legally set aside in a blocked account or trust for her future benefit and current needs. In this scenario, Maya's own substantial income acts as her primary financial provision. Consequently, her parents' obligation to provide financial support would be considered secondary, only coming into play "in aid" if Maya's own funds were somehow inadequate to meet her necessary expenses.

• Example 3: Beneficiary of a Wealthy Trust

  Suppose David is a minor child who is the sole beneficiary of a large trust established by a distant, affluent relative. This trust provides regular, generous disbursements specifically for David's upbringing, education, and general welfare. Under the principle of quia alimenta liberis non debentur nisi in subsidium, the trust's provisions would be considered David's primary source of financial support. Therefore, David's parents would likely not be required to provide direct financial "aliment" unless the trust's funds were, for some unforeseen reason, unable to cover David's essential needs.