Child Support and Assisted Negotiation: Commentary on Ordinance No. 19388 of 2024

The ordinance no. 19388 of July 15, 2024, issued by the Court of Cassation, addresses a delicate and current issue: the modification of the contribution for the support of minor children following family crises. This decision underscores the importance of the context in which economic agreements between parents are established and the legal implications that arise from them. The ruling clarifies that agreements made during assisted negotiation are also subject to modification, provided there are significant changes in the economic conditions of the parents.

The Nature of Assisted Negotiation Agreements

Assisted negotiation, governed by Article 6, paragraph 3, of Decree Law no. 132 of 2014, represents an alternative to judicial proceedings for resolving family disputes. The agreements reached in this context have legal value and produce effects similar to those of judicial provisions. However, as highlighted in the ruling, it is essential that such agreements are flexible and can adapt to any changes in the parents' economic situations. This is crucial to ensure the well-being of the children, which must remain a priority in all decisions.

Conditions for Modifying Support

According to the ruling, to modify the contribution established during assisted negotiation, it is necessary to demonstrate a change in the economic conditions of the parents. These conditions are similar to those required when the allowance has been determined in court. Here are some key points to consider:

  • A significant change in the income of one or both parents.
  • Variations in the economic needs of the children.
  • Any other factors that may affect the economic well-being of the offspring.
Family crisis - Support for minor children - Contribution determined by assisted negotiation - Modification - Conditions - Basis - Consequences. In terms of the economic regime in favor of the offspring, as a result of the family crisis, the measure of the contribution for the support of minor children, determined within the assisted negotiation agreement for the consensual resolution of divorce under Article 6, paragraph 3, of Decree Law no. 132 of 2014, as amended by Law no. 162 of 2014, is subject to modification, pursuant to Article 337-quinquies of the Civil Code, in the presence of the same conditions required for cases where the allowance has been determined in court, since the agreement produces the effects of judicial provisions that define personal separation procedures or the cessation of civil effects of marriage, so that, for the modification of the contribution, it is necessary that there has been a change in the economic conditions of the parents, capable of altering the previous property arrangement established by the agreement.

Conclusions

In conclusion, ordinance no. 19388 of 2024 represents an important step forward in the protection of minors' rights in situations of family crisis. It reiterates that support agreements, even if reached through assisted negotiation, are not static and must be adaptable to changed economic circumstances. It is essential for parents to understand the importance of maintaining open and honest communication regarding their economic situation, to ensure the well-being of the children and the respect of the agreements made.

Bianucci Law Firm