Whyte v. Whyte [1901] ScotLR 38_670 (15 June 1901)

Whyte v. Whyte [1901] ScotLR 38_670 (15 June 1901)

A parent is obliged to provide a modest aliment to an adult child who, though of age and earning a small income, is still engaged in learning a profession and is not yet self-supporting, especially where the parent refuses to allow the child to reside at home. The quantum should be the minimum necessary to supplement the child's income to a reasonable level for his station in life.

Citation
[1901] ScotLR 38_670
Parties
Pursuer/respondent: David Whyte; Defender/reclaimer: Mrs Sarah Jane Wildsmith or Whyte
Jurisdiction
Scotland
Judgment Date
15 June 1901
Procedural Posture
Civil (aliment/parent and Child) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Parental Duty of Aliment, Support for Adult Children in Professional Training, Quantum of Aliment, Parent and Child Relationship
Family Law Parental Duty of Aliment Support for Adult Children in Professional Training Quantum of Aliment Parent and Child Relationship

Case Brief

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Parties

David Whyte

Pursuer/respondent

Mrs Sarah Jane Wildsmith or Whyte

Defender/reclaimer

Procedural Posture

Civil (aliment/parent and Child) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division

Legal Issues

  1. 1 Is a parent obliged to provide aliment to an adult child engaged in learning a profession but not yet self-supporting?
  2. 2 Does the parent's refusal to allow the child to reside at home affect the obligation to pay aliment?
  3. 3 What is the appropriate quantum of aliment in such circumstances?

Ratio Decidendi

A parent is obliged to provide a modest aliment to an adult child who, though of age and earning a small income, is still engaged in learning a profession and is not yet self-supporting, especially where the parent refuses to allow the child to reside at home. The quantum should be the minimum necessary to supplement the child's income to a reasonable level for his station in life.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Defender to pay pursuer £12 sterling yearly in name of aliment, payable as concluded for in the summons.
  • Pursuer entitled to expenses.