Adult Children and Maintenance: A Complex Balance

The obligation to support a child does not automatically cease upon reaching eighteen years of age, but continues until the child achieves actual economic independence. However, this parental responsibility cannot become an indefinite burden, especially when the child, despite having the capacity, does not actively seek employment. We understand the frustration and emotional complexity of a parent in this situation. As a family lawyer in Milan, Avv. Marco Bianucci handles these cases with an approach that balances the protection of rights and the promotion of individual responsibility.

The Maintenance Obligation Beyond 18 Years: What the Law Says

Italian jurisprudence, particularly that of the Court of Cassation, has clarified the boundaries of the maintenance obligation for adult children. A child's right to be supported is based on the premise that the lack of economic independence is not attributable to them. The law introduces the so-called principle of self-responsibility: beyond a certain age, which is generally around 30-35 years depending on the course of study, the child has the burden of proving that they have actively endeavored to find suitable employment aligned with their aspirations and skills. If the adult child exhibits culpable inertia, unreasonably refusing job opportunities or not engaging in the job search, the parent can legitimately request the court to revoke or reduce the maintenance payment.

The Bianucci Law Firm's Approach to Maintenance Revocation

Addressing a request for maintenance revocation requires a precise legal strategy based on concrete evidence. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, focuses on a detailed, factual analysis of the situation. The first step involves gathering all necessary elements to demonstrate the child's negligence in their integration into the workforce. This includes evaluating their educational background, the job opportunities offered to them, and any unjustified rejections. The goal is to present the judge with a clear picture that justifies a change in conditions, protecting the parent from an economic burden no longer due and encouraging the child to assume their responsibilities.

Frequently Asked Questions

Until what age must I support my adult child?

There is no precise age limit established by law. The criterion is achieving economic independence or, alternatively, the point at which the lack of independence is due to the child's fault. Jurisprudence tends to be less protective as age increases, but each case is evaluated individually by the judge based on specific circumstances.

What does it mean for my child to be 'culpably' unemployed?

It means that their unemployment status does not stem from objective labor market factors but from their personal inertia or unjustified choices. Examples include refusing job offers congruent with their field of study, unjustified abandonment of studies, or general passivity in seeking employment. The burden of proof for this culpability lies with the parent requesting the revocation.

What evidence must I present to the judge for maintenance revocation?

Evidence can be of various types: written communications (emails, messages) in which the child refuses job offers, third-party testimonies aware of such offers, documentation attesting to registration with employment centers without active job searching, or proof that the child is working undeclared. Legal advice is essential to identify the most effective evidence for your case.

Can I stop paying maintenance without court authorization?

Absolutely not. Independently stopping maintenance payments, even if you believe you are entitled to do so, constitutes an offense. You risk not only an action to recover unpaid sums but also a criminal complaint for violation of family assistance obligations. It is essential to obtain a court order that modifies or revokes the obligation.

Case Evaluation in Milan

If you believe your adult child's situation no longer justifies the payment of a maintenance allowance, it is crucial to act in an informed and strategic manner. Avv. Marco Bianucci offers targeted consultation to analyze your specific situation and assess the existence of grounds for legal action. Contact the Bianucci Law Firm, located in Milan at via Alberto da Giussano 26, to discuss your case and define the most appropriate course of action to protect your rights.