Divorce and Maintenance Allowance: Analysis of Cass. Civ. n. 20672 of 2024

The recent ordinance of the Court of Cassation no. 20672 of 2024 offers an important opportunity for reflection on the methods for determining the maintenance allowance in case of divorce. The decision addresses crucial issues concerning the burden of proof, the needs of minors, and the financial conditions of the parties involved.

Context and Case Development

In the case under examination, the Court of Pescara had initially established a maintenance contribution for the minor daughters to be paid by the father, A.A., setting it at Euro 1,000.00 per month. The mother, B.B., appealed, contesting the amount and requesting a review of the visitation arrangements. The father's cross-appeal, which alleged the impossibility of affording the established amount, was rejected by the Court of Appeal of L'Aquila, which considered the growing needs of the minors and therefore justified the maintenance set by the first judge.

The Court affirmed that the primary needs of minors inevitably increase with the passing years, thus justifying a revision of the maintenance amount.

Burden of Proof and Assessment of Resources

One of the focal points of the ruling concerns the burden of proof. The Court emphasized that it is up to the parent requesting a modification of the allowance to prove the existence of supervening circumstances that justify a reduction. A.A. failed to prove his inability to fulfill his maintenance obligations, limiting himself to general statements without providing concrete evidence of his financial situation.

• The minors had always lived in affluent economic conditions.
• A.A. owned shares in various companies, the valuation of which was not adequately contested.
• The improvement in the mother's economic conditions did not justify a reduction in the maintenance allowance.

Conclusions and Practical Implications

The Court of Cassation declared A.A.'s appeal inadmissible, confirming the amount set for the maintenance of his daughters. This ruling highlights the importance of an accurate assessment of the economic conditions and needs of minors, as well as the necessity of presenting concrete evidence when requesting a modification of the conditions established during separation or divorce proceedings.

In summary, ruling no. 20672 of 2024 reiterates the centrality of the minors' best interests in decisions relating to maintenance and clarifies that it is essential to adequately document one's financial situation in order to request modifications to what has been previously established.