Divorce and Maintenance Allowance: Analysis of Cass. Civ. n. 20672 of 2024

The recent ruling of the Court of Cassation n. 20672 of 2024 provides an important opportunity for reflection on the methods of determining maintenance allowances in the event of divorce. The decision addresses crucial issues concerning the burden of proof, the needs of minors, and the financial conditions of the parties involved.

Context and Development of the Case

In the case at hand, the Court of Pescara had initially established a contribution for the maintenance of the minor daughters to be paid by the father, A.A., setting it at €1,000.00 per month. The mother, B.B., appealed, contesting the amount and requesting a revision of the visitation arrangements. The father's incidental appeal, which claimed the impossibility of sustaining the established amount, was rejected by the Court of Appeal of L'Aquila, which deemed the needs of the minors to be growing and thus justified the maintenance set by the first judge.

The Court stated that the primary needs of minors inevitably increase over the years, thus justifying a revision of the maintenance amount.

Burden of Proof and Assessment of Resources

One of the focal points of the ruling concerns the burden of proof. The Court emphasized that it is up to the parent requesting a modification of the allowance to demonstrate the existence of new circumstances that justify a reduction. A.A. failed to prove his inability to fulfill the maintenance obligations, limiting himself to general statements without providing concrete evidence of his financial situation.

• The minors had always lived in affluent economic conditions.
• A.A. owned shares in several companies, the valuation of which was not adequately contested.
• The improvement of the mother's financial situation did not justify a reduction in the maintenance allowance.

Conclusions and Practical Implications

The Court of Cassation declared A.A.'s appeal inadmissible, confirming the amount established for the maintenance of the daughters. This ruling highlights the importance of an accurate assessment of economic conditions and the needs of minors, as well as the necessity of presenting concrete evidence when requesting a modification of the conditions established in separation or divorce proceedings.

In summary, ruling n. 20672 of 2024 reaffirms the centrality of minors' interests in decisions related to maintenance and clarifies that it is essential to adequately document one's financial situation in order to request modifications to what was previously established.