The ruling no. 24731 of 2024: burden of proof in the maintenance of adult children

The recent order of the Supreme Court of Cassation, no. 24731 of 2024, offers important insights regarding the maintenance of adult children. The central issue concerns the burden of proof, that is, who must demonstrate the necessary conditions for the right to maintenance. In this case, the appellant A.A. contested a decision of the Court of Appeal of Trieste, which had imposed on him the obligation to pay a contribution for the maintenance of his daughter C.C., despite the young woman being of age and having embarked on a university course.

The legal context and the decision of the Court of Appeal

The Court of Pordenone had initially revoked the maintenance obligation, deeming that the daughter was self-sufficient. However, the Court of Appeal overturned this decision, highlighting that the late start of the university course and precarious jobs were not sufficient to demonstrate the economic self-sufficiency of the girl. In particular, the Court emphasized that the maintenance obligation must be assessed taking into account social and individual factors.

It is essential that the burden of proof of the conditions that establish the right to maintenance lies with the applicant and not the parent.

The reasons for the appeal and the arguments of the Court of Cassation

A.A. filed an appeal, arguing that the Court of Appeal had erroneously reversed the burden of proof. In fact, according to established jurisprudence, it is up to the applicant to demonstrate the absence of economic self-sufficiency and the effort in seeking employment. The Court of Cassation accepted this argument, stating that the assessment must necessarily take into account the actual situation of the adult child, considering the principle of self-responsibility.

• Economic self-sufficiency must be proven by the applicant.
• The study path and personal difficulties must be evaluated on a case-by-case basis.
• The educational function of maintenance must be considered in the duration and content of the obligation.

Conclusions

Ruling no. 24731 of 2024 represents an important milestone in Italian jurisprudence regarding the maintenance of adult children. The Court of Cassation reiterated that the burden of proof lies with the one requesting maintenance, affirming the need for a case-by-case evaluation. This approach ensures greater fairness and consideration of the different family realities, avoiding generalizations that could infringe on the rights of children. Therefore, it is essential that parents understand the implications of such decisions and prepare adequately in case of litigation.