Divorce and Maintenance Allowance: Commentary on Judgment Cass. Civ., Ord. no. 31564/2024

The recent order of the Court of Cassation, no. 31564 of 2024, addresses a crucial issue in family law: the obligation to provide maintenance for adult children and related responsibilities. The decision highlights not only the duty of parents to financially support their children but also the importance of proof of economic self-sufficiency on the part of the children themselves.

Context of the Judgment

The case originated from an appeal filed by A.A. and B.B. for the revision of divorce conditions, particularly regarding the maintenance allowance for their children D.D. and E.E. The Court of Appeal of Bari had initially granted the father's request to revoke the economic obligations, arguing that the non-payment of university fees was not the sole cause of E.E.'s failure to complete his studies.

The responsibility for E.E.'s failure to complete his course of study was attributed not only to the father's non-compliance but also to the son's own culpable inaction.

In fact, the father continued to pay the maintenance allowance and university fees but was faced with E.E.'s inaction, as he had not taken any exams since 2017. The Court therefore held that the maintenance obligation could not continue indefinitely without concrete commitment from the son.

Underlying Legal Principles

The Court of Cassation reiterated that maintenance for adult children must be justified by actual economic inability. Among the key points that emerge are:

• The burden of proof lies with the parent requesting the revocation of the maintenance allowance.
• The adult child must demonstrate that they were placed in a position to become economically self-sufficient.
• The parent's conduct must be assessed in the context of the child's commitment to completing their educational path.

In this case, the Court highlighted that the father had fulfilled his maintenance obligations until 2017, and that E.E.'s failure to complete his studies could not be solely attributed to the father's non-compliance.

Conclusions

Judgment no. 31564/2024 of the Court of Cassation prompts an important reflection on individual responsibilities within the context of maintaining adult children. It is essential for children to demonstrate active commitment to their studies and for parents to fulfill their obligations, but responsibility cannot fall solely on them. This decision calls for greater awareness in family dynamics and post-divorce relationships, emphasizing the importance of a balance between rights and duties.