Temporary alimony for a child born out of wedlock to the mother and before the recognition of paternity is an institution that safeguards the child’s rights and protects them from immediate needs. According to Article 1502 of the Greek Civil Code (AC), this alimony may be awarded under specific conditions, ensuring the child’s welfare until the final recognition of paternity.
Article 1502 AC provides the possibility to award temporary alimony to a child born out of wedlock before a paternity claim has been filed (and even during or after such claim) through precautionary measures, if the following restrictive conditions are met:
- Paternity of the father must be very likely.
This means that mere speculation is insufficient; the probability must be significant. This is generally the case when there is evidence or strong indication of sexual relations with the mother during the relevant period of conception, whether proven or strongly presumed through frequent sexual relations or cohabitation with the mother. However, the existence of “serious doubts” about paternity, under Article 1482 AC, negates the requirement of a very likely paternity. - The mother must be indigent.
The same applies to the child, whose age is irrelevant here. Specifically, the mother and child must need external support, either because they lack assets or income from property or employment, due to, for example, the child’s minority, the mother’s full-time childcare duties, or the mother’s inability to find suitable work given her age, health condition, and other personal needs.
It is understood that if the mother is not indigent, she alone is responsible for supporting the child until the final decision on paternity recognition is made, after which the child acquires the same legal status as a child born in wedlock regarding both parents and relatives and is entitled to maintenance by law. - The application for temporary alimony can also be filed after the paternity claim has been made but before the court issues a decision.
The application can only be made after the birth of the child. The amount of temporary alimony must be reasonable, i.e., to cover the child’s immediate needs based on the amount of final alimony, determined according to Articles 1485 et seq. and especially Article 1495 AC, which regulates reduced alimony covering only the absolutely necessary for the beneficiary’s maintenance and cannot be lower than this minimum.
The duration of the temporary alimony need not be set in time, as it ends upon the final court decision recognizing paternity, at which point the temporary alimony order ceases to have effect. The court, if the legal conditions are met, is obliged to award temporary alimony, despite the wording of Article 1502 AC that “the court may… order” it.
However, for the precautionary measure of ordering temporary monetary claims to be granted, an urgent need or imminent danger must exist. In this context, this urgency is necessarily linked to indigence, given the nature of the measure aiming at the care and maintenance of the beneficiary or dependents.
Furthermore, the alimony is temporary and ceases either if the deadline set by the judge for filing the main alimony claim passes without action (which is combined with the paternity recognition claim, if not already filed) or if the paternity claim is rejected. In the latter case, the question arises as to what happens with the amounts already paid as temporary alimony by the alleged father. These amounts can be recovered under the unjust enrichment provisions of Article 904 AC. However, most often the defense under Article 909 AC is accepted if the recipient (the unmarried mother) is no longer enriched at the time of the unjust enrichment claim, which bars recovery.
