Divorce and Maintenance Allowance: Commentary on the Judgment of Cass. Civ., Ord. n. 31564/2024

The recent ruling of the Court of Cassation, n. 31564 of 2024, addresses a crucial issue in family law: the obligation of maintenance for adult children and the related responsibilities. The decision highlights not only the duty of parents to financially support their children but also the importance of proof of economic self-sufficiency on the part of the children themselves.

Context of the Judgment

The case originated from an appeal filed by A.A. and B.B. for the revision of divorce conditions, particularly regarding the maintenance allowance for children D.D. and E.E. The Court of Appeal of Bari had initially accepted the father's request to revoke the economic obligations, arguing that the failure to pay university fees was not the only cause of E.E.'s incomplete studies.

The responsibility for E.E.'s failure to complete the educational path was attributed not only to the father's non-compliance but also to the culpable inertia of the child himself.

The father had continued to pay the maintenance allowance and the university fees but faced E.E.'s inertia, as he had not taken exams since 2017. The Court therefore deemed that the obligation of maintenance could not last indefinitely without a concrete commitment from the child.

Underlying Legal Principles

The Court of Cassation reiterated that maintenance for adult children must be justified by an actual economic inability. Key points include:

  • The burden of proof rests on the parent requesting the revocation of the maintenance allowance.
  • The adult child must demonstrate that they have been placed in conditions to become economically self-sufficient.
  • The parent's behavior must be assessed in the context of the child's commitment to completing their educational path.

In this case, the Court highlighted that the father had fulfilled his maintenance obligations until 2017, and that E.E.'s failure to complete his studies could not be solely attributed to the father's non-compliance.

Conclusions

Judgment n. 31564/2024 of the Court of Cassation raises important reflections on individual responsibilities in the context of maintenance for adult children. It is essential that children demonstrate active commitment to their educational journey and that parents fulfill their obligations, but responsibility cannot rest solely on them. This decision calls for greater awareness in family dynamics and post-divorce relationships, emphasizing the importance of a balance between rights and duties.

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