The right to maintenance for adult children: commentary on ordinance no. 24391 of 2024
The recent ordinance no. 24391 of 2024 by the Court of Cassation offers important insights into the issue of maintenance for adult children. In this case, the Court examined the burden of proof regarding the right to maintenance, emphasizing how reaching adulthood entails a principle of self-responsibility on the part of the children. The decision is part of a legal context where it is crucial to balance the expectations and rights of parents with the autonomy needs of their children.
The context of the ruling
In the specific case, the father, B.B., had requested the revocation of the maintenance contribution for his daughters C.C. and D.D., arguing that both had reached a degree of economic self-sufficiency. However, the Court of Appeal of Trento had granted the request, deeming the evidence regarding the daughters' commitment to their educational path insufficient. The mother, A.A., therefore appealed the decision, bringing the matter before the Court of Cassation.
The Court stressed the importance of evaluating the specific circumstances that justify the revocation of maintenance on a case-by-case basis, taking into account the personality and aptitudes of the children.
The principle of self-responsibility and the burden of proof
The Court of Cassation clarified that, in matters of maintenance, the burden of proof lies with the party requesting the revocation of the contribution. It is essential for the requesting parent to demonstrate that the child has undertaken an educational path with commitment and has actively sought employment. In the case at hand, the Court highlighted how the assessment of the daughters' path cannot disregard their personal abilities and inclinations.
- The parent must prove the economic self-sufficiency of the children.
- Failure to achieve independence must be justified.
- The assessment must take into account the individual circumstances of the girls.
Conclusions
In conclusion, ordinance no. 24391 of 2024 by the Court of Cassation represents an important step forward in defining the rights and duties of parents towards their adult children. The Court recalled fundamental norms such as art. 337 septies of the Civil Code, highlighting the need for a careful and contextualized assessment of individual situations. The decision underscores the importance of a balanced and fair approach, which takes into account the autonomy needs of the children, without neglecting the parents' responsibilities in ensuring sustenance until economic independence is achieved.
