Maintenance for Adult Children: Analysis of the Recent Supreme Court Ruling

Ruling no. 24391 of September 11, 2024, by the Court of Cassation addresses a crucial issue in family law: the obligation to provide maintenance for adult children. This matter arises in a context where it is increasingly important to understand how children's self-sufficiency and their commitment to education influence the right to maintenance. In this article, we will analyze the main aspects of the decision and its implications.

The Case Under Review

In the case at hand, A.A. appealed the decision of the Court of Appeal of Trento, which had granted B.B.'s request to revoke the maintenance obligation towards his daughters C.C. and D.D. The Court of Appeal based its decision on the daughters' alleged economic self-sufficiency, despite the lack of concrete evidence of their ability to support themselves.

The Court of Cassation ruled that the judge must assess each case individually, considering the personal circumstances of the children and their commitment.

Legal Principles Underlying the Decision

The Court of Cassation referred to the principles contained in Articles 337 ter and 337 septies of the Civil Code, which must be considered when determining the maintenance obligation. In particular, the Court emphasized that:

• The burden of proof regarding the children's economic independence lies with the parent requesting the revocation of maintenance.
• The judge must consider not only the age of the children but also their commitment to studies and job seeking.
• It is essential to evaluate the specific and current circumstances of the children's lives, avoiding a standardized approach.

Implications of the Ruling

This order represents an important clarification on parental responsibility concerning adult children and the need to consider their personal situation. The Court's decision highlights how children's educational commitment and economic status must be analyzed concretely and not abstractly, allowing for a fairer assessment of maintenance needs.

Conclusion

In conclusion, the Court of Cassation ruling no. 24391/2024 offers important food for thought for parents and legal professionals operating in the field of family law. It is essential for parents to understand that the right to maintenance for adult children is not automatic but depends on a series of factors that must be carefully evaluated by the judge.