thirty of the Constitution and by art
What is needed to support adult children is a theme of poignant relevance that has considerable implications on a practical level, and that continues to keep busy the Courts are called to decide, on a case-by-case, the limits and the conditions of the obligation that is the foundation of a precise legal framework, but that doesn't last foreverThe maintenance duties of the adult children is enshrined, in the first place, by art. requiring both parents the obligation to maintain, instruct and educate their offspring, taking into account the inclinations and aspirations of the children, in proportion to the respective substances, and according to their ability to professional work or in the home, not including any termination, ipso facto, because of reaching the age of majority. The obligation has been strengthened by the news of the law no. -quinquies has established that 'the court, having considered the circumstances, may have in favour of the adult children are not economically independent, the payment of a cheque periodical'. This is not, however, an obligation extended to the infinite, but from a 'life changing' to be evaluated case-by-case (Court of milan. According to what is foreseen by the legislator, the obligation of maintenance of the child is of age, similar to the obligation generally imposed jointly and severally on both parents of the offspring, has a content is large, such as to include both the ordinary costs of daily life (food, clothing, etc.) those relating to education, and even those for leisure and holidays. states, also, that in the case of separations or divorce, for the determination of the maintenance must refer to the standard of living enjoyed by the children in the constancy of living with both parents, to the time spent at each parent, financial resources of both and the current needs of the child'. twenty twelve has stated that the same change in reason of the passing of time, and justify an automatic adjustment of the check, without the need for specific demonstration.
In this regard, the court of Cassation with judgment no
In order to quantum, also detect the principles laid down by the S. C, with case no, which ruled that the allowance should be adjusted, in addition to the difference of income of the two spouses, separated or divorced, the income perceived by the children as payment for the work performed, increasing or decreasing according to the degree of autonomy by the same achieved. If the coming of age of the children does not represent the watershed for the obligation of parents to contribute to their maintenance, on the other hand, it is not a duty of the protracted to infinity, being subject to the general measurement of the achievement of economic self-sufficiency such as to provide for their own needs of life. The case law has often defined the limits of the concept of independence of the child is of age, and held that any employment or income (such as precarious work, for example) removes the duty to maintain (Cass. eighteen), although this is not necessary a stable job, enough income or the possession of a patrimony such as to ensure an economic self-sufficiency (Cass. It is not disputed that, so that it is not the obligation of maintenance, the status of economic independence of the child can be considered to be achieved in the presence of a use, such as to allow an income corresponding to his professionalism and an appropriate placement in the context the economic and social reference, adapted to their attitudes and aspirations (see Cass.
In this regard, the orientation is uniform, the cultivation of the aspirations of the child of legal age who wish to undertake a course of study for the attainment of a better position and or career does not lessen the duty to maintain the child (Cass.
Is excluded, however, by the Supreme court the assignment of the benefit was due to 'loss of chance' because the same is a misunderstanding of the interpretation of the institute of the maintenance that is intended to cease once you reached a status of economic self-sufficiency with the perception of 'an income corresponding to the skills acquired in relation to normal and the concrete conditions of the market' (Cass. To address the constant and unanimous body of case law and doctrine, the obligation lasts until the failure to achieve the economic self-sufficiency, not caused by negligence or not due to reasons attributable to the son. So, it is configurable for the exemption from the payment of the grant, where, place concrete in terms of achieving the economic independence from the parents, the child is of age has the opposite unjustified refusal to job opportunities (Cass. no.), which has proven guilty inertia, prolonging the course of studies without any performance (in this case, the Court, with judgment no. in, has excluded the right to the maintenance of the child twenty-eight who had begun to carry out working activities, even if occasional, is not attended with profit, the degree to which it was formally enrolled for more than eight years').
Once you have the assumptions of the maintenance, as a result of the achievement of full economic self-sufficiency of the son of age, the occurrence of circumstances more determining the effect of making it temporarily free financial support' may not rise to the obligation 'being able to exist to the maximum, on the heads of the parents, a maintenance obligation' (Cass.
twenty twelve n.
twenty twelve n.). Does not detect, instead, to the termination of the maintenance obligation, the mere attainment of a university degree, nor the formation of a family unit from the part of the son is of age, unless in the case of a new entity familiar, autonomous and financially independent' (Cass. For the purposes of the exemption from the obligation of maintenance is necessary to the decision of the judge (Cass. The burden of proof, according to the consolidated guidance of the law, it is up to the parent who asks to be exempted from the obligation ex lege, which must, in fact, provide the proof that the son is to become self-sustaining, that is, the failure to conduct an work is the latter, due (Cass.
A controversial issue in doctrine and in case law that pertain to the subject entitled to assert in court the right of the child is of age to maintenance, considered that art.
has the payment of the cheque to the 'entitled'. In addition to the favor of the court of Cassation (Cass.
no.) with regard to the intervention of the son of age, but not self-employed in the judgment (separation or divorce) pending between the parents in order to enforce their right to maintenance, both in term of the scheme, the previous and the current, the orientation of the majority believes is still subsisting, the entitlement of the spouse at home ('competitor' or 'extraordinary') to act ex officio in relation to the other parent, in the absence of an autonomous request from the figliò to request the payment of the cheque.
