Maintenance Allowance and Parental Rights: Commentary on Cass. civ., Ord. No. 30411 of 2022

The ruling No. 30411 of 2022 by the Court of Cassation offers important insights regarding the determination of maintenance allowances for children in the event of separation between spouses. In particular, the Court confirmed the decision of the Court of Appeal of Milan, which had established a monthly maintenance allowance of €250.00 to be paid by the father, despite the fact that he bore a significant portion of the maintenance expenses during the periods when the daughter stayed with him.

The Context of the Decision

The case involved A.A., the father, and B.B., the mother, following their separation. The Court of Appeal had initially established a maintenance allowance in favor of their daughter C.C., who was formally placed with the mother. A.A. challenged this decision, arguing that despite the custody arrangement, the daughter spent most of her time with him and the paternal grandparents, thus he was responsible for a large part of the maintenance expenses.

The Court reiterated that the duty to support children must be proportional to the parents' income and the time spent with each of them.

Reasons for the Appeal and the Court's Response

A.A. raised two grounds for appeal. The first concerned the alleged violation of Article 155 of the Civil Code and Article 337 ter of the Civil Code, arguing that the judge had not adequately considered the expenses incurred during the period the daughter spent with him. The second ground referred to the failure to examine decisive facts, such as the improvement in the mother’s economic conditions.

The Court of Cassation rejected both grounds, emphasizing that the evaluation of expenses and economic conditions had been adequately conducted by the Court of Appeal, which deemed the contribution from the grandparents as not relevant for the purpose of reducing the allowance. The Court reaffirmed that the maintenance must be calculated based on the child's placement and the ordinary expenses incurred by the mother.

Legal Principles Cited by the Court

  • The duty to support children is regulated by Article 147 of the Civil Code, which obliges both parents to provide in proportion to their economic resources.
  • Article 155 of the Civil Code establishes clear criteria for determining the maintenance allowance, taking into account the needs of the child and the economic capacities of the parents.
  • The principle of the judge's free conviction, enshrined in Articles 115 and 116 of the Code of Civil Procedure, renders the merits of evaluations unassailable in the context of legitimacy.

Conclusions

The ruling No. 30411 of 2022 represents an important confirmation of the legal principles related to the rights and duties of parents in the event of separation. It highlights how decisions regarding maintenance allowances must always be based on a comprehensive assessment of the circumstances, considering the specific needs of minors and the actual economic capabilities of the parents. It is essential for parents to understand their rights and duties to ensure the well-being of their children, avoiding conflicts that may harm the offspring.

Bianucci Law Firm