The Right to Maintenance for Adult Children: Commentary on Ordinance No. 24391 of 2024

The recent ordinance No. 24391 of 2024 from the Court of Cassation provides important insights regarding the issue of maintenance for adult children. In this case, the Court examined the burden of proof in relation to the right to maintenance, emphasizing that reaching adulthood entails a principle of self-responsibility on the part of the children. The decision fits within a legal context where it is essential to balance the expectations and rights of parents with the needs for autonomy of the children.

The Context of the Ruling

In the specific case, the father, B.B., had requested the revocation of the maintenance contribution for his daughters C.C. and D.D., arguing that both had achieved a level of economic self-sufficiency. However, the Court of Appeal of Trento had accepted the request, deeming the evidence regarding the daughters' commitment to their educational path as insufficient. The mother, A.A., then appealed the decision, bringing the matter before the Court of Cassation.

The Court emphasized the importance of evaluating the specific circumstances that justify the revocation of maintenance on a case-by-case basis, taking into account the personality and aptitudes of the children.

The Principle of Self-Responsibility and the Burden of Proof

The Court of Cassation clarified that, regarding maintenance, the burden of proof lies with the party requesting the revocation of the contribution. It is essential for the requesting parent to demonstrate that the child has undertaken an educational path with commitment and has actively sought employment. In this case, the Court highlighted that the assessment of the daughters' paths cannot disregard their personal abilities and inclinations.

  • The parent must prove the economic self-sufficiency of the children.
  • The failure to achieve independence must be justified.
  • The assessment must consider the individual circumstances of the girls.

Conclusions

In conclusion, ordinance No. 24391 of 2024 from the Court of Cassation represents an important step forward in defining the rights and duties of parents towards adult children. The Court recalled fundamental norms such as Article 337 septies of the Civil Code, highlighting the need for careful and contextualized evaluation of individual situations. The decision underscores the importance of a balanced and fair approach that takes into account the needs for autonomy of the children, without neglecting the responsibilities of parents to ensure support until economic independence is achieved.

Bianucci Law Firm