The management of economic relationships following marital breakdown becomes particularly delicate when complex assets are involved, shielded by legal instruments such as Trusts or asset protection funds. As an expert family law attorney in Milan, Avv. Marco Bianucci often encounters situations where a parent laments the inability to meet child support obligations or cover extraordinary expenses, despite owning substantial assets transferred into protective structures. Understanding if and how these assets can be seized to ensure the well-being of the offspring is a matter that requires not only sensitivity but also profound technical expertise.

The Conflict Between Asset Protection and Parental Duties

In Italy, the duty to support one's children is considered paramount and constitutionally guaranteed. However, instruments like asset protection funds or trusts were created precisely to segregate certain assets, making them theoretically immune to seizure by the settlor's personal creditors. Italian case law, however, has progressively eroded this impermeability when it comes to claims for maintenance or those related to the primary needs of the family. It is not uncommon for a parent to use these instruments instrumentally to remove guarantees from their children or ex-spouse. The law stipulates that assets within an asset protection fund cannot be seized for debts that the creditor knew were incurred for purposes unrelated to the family's needs; however, child support falls entirely within the family's needs, often rendering opposition to enforcement futile.

Regarding trusts, the situation is even more complex. Although a trust involves a genuine divestment of assets, case law has introduced the concept of a 'sham trust' or has admitted a revocatory action if it can be proven that the establishment of the trust had the sole purpose of defrauding creditors' claims, in this case, children entitled to maintenance. It is essential to analyze the trust deed and the actual management of the assets to determine whether the asset segregation holds up against the superior interest of the minor.

The Legal Strategy of Studio Legale Bianucci in Complex Estates

The approach of Avv. Marco Bianucci, as an expert family law attorney in Milan, is based on a rigorous analysis of the opposing party's asset structure. We do not limit ourselves to requesting payment of the maintenance allowance but investigate the actual economic capacity, going beyond formal appearances. Studio Legale Bianucci collaborates, where necessary, with financial consultants to trace financial flows and demonstrate the substantial availability of assets, even if formally held by trusts or funds.

The legal strategy focuses on identifying the link between segregated assets and the children's living needs. In many cases handled by the firm at via Alberto da Giussano, 26, it has been possible to demonstrate that extraordinary expenses (such as high-level medical or educational costs) fall within the essential needs that justify seizing assets from an asset protection fund. The objective of Avv. Marco Bianucci is to ensure that asset protection never becomes a shield for evading parental duties, acting with determination both in pre-litigation and litigation phases to obtain measures that protect the children's future.

Frequently Asked Questions

Can assets placed in an asset protection fund be seized for unpaid child support?

Yes, in most cases. The law states that assets within an asset protection fund can be seized for debts incurred to meet the family's needs. Child support is, by its very nature, a family need, therefore assets transferred into the fund are generally exposed to enforcement actions for the recovery of unpaid allowances.

Is it possible to take action against a trust if a parent fails to pay extraordinary expenses?

Taking action against a trust is more complex but possible. If it can be proven that the trust was established with the fraudulent intent of evading maintenance obligations (revocatory action) or that the settlor retained full control over the assets (sham trust), it is possible to seize the assets contained within it to satisfy the claim related to the children's extraordinary and ordinary expenses.

What happens if a parent with no assets is a beneficiary of a trust?

If a parent is declared to have no assets but is a beneficiary of a trust, one can attempt to seize the fruits or income that the trustee is obligated to pay them. Avv. Marco Bianucci carefully examines the trust deed's clauses to understand if there are any enforceable credit rights on the part of the beneficiary that can be intercepted in favor of the children.

How long does it take to recover debts from shielded assets?

The timelines vary depending on the complexity of the corporate structure or trust and the counterparty's resistance. However, urgent proceedings or conservatory seizures can be initiated if there is a risk that the assets will be further dissipated. A timely strategy is crucial to block the assets before they become unreachable.

Request a Case Evaluation

If you find yourself having to manage a separation or divorce involving complex assets, trusts, or asset protection funds, it is essential to rely on specific expertise. Avv. Marco Bianucci is available to analyze your situation and define the best strategy to protect your children's economic rights. Contact the firm at via Alberto da Giussano, 26 in Milan to schedule an appointment and discuss your needs with confidentiality and professionalism.