Maintenance of Adult Children: Analysis of the Recent Ruling of the Court of Cassation

The ruling no. 24391 of September 11, 2024, by the Court of Cassation addresses a crucial issue in family law: the obligation of maintenance towards adult children. The question arises in a context where it is increasingly relevant to understand how the self-responsibility of children and their educational commitment influence the right to maintenance. In this article, we will analyze the main aspects of the decision and the implications it entails.

The Case Under Review

In the case at hand, A.A. appealed against the decision of the Court of Appeal of Trento, which had granted B.B.'s request to revoke the maintenance obligation towards the daughters C.C. and D.D. The Court of Appeal justified its decision based on the alleged economic self-sufficiency of the daughters, despite the lack of concrete evidence regarding their ability to support themselves.

The Court of Cassation established that the judge must evaluate each case individually, considering the personal circumstances of the children and their commitment.

Legal Principles Underpinning the Decision

The Court of Cassation referred to the principles contained in Articles 337-ter and 337-septies of the Civil Code, which must be taken into account to determine the maintenance obligation. In particular, the Court emphasized that:

• The burden of proof regarding the economic independence of the children lies with the parent requesting the revocation of maintenance.
• The judge must consider not only the age of the children but also their commitment to study and their job search.
• It is essential to evaluate the specific and current circumstances of the children's lives, avoiding a standardized approach.

Implications of the Ruling

This ruling represents an important clarification on parental responsibility concerning adult children and the necessity to take their personal situation into account. The Court's decision highlights how educational commitment and the economic condition of the children must be analyzed concretely rather than abstractly, allowing for a fairer assessment of maintenance needs.

Conclusion

In conclusion, the ruling of the Court of Cassation no. 24391/2024 provides important points for reflection for parents and lawyers working in family law. It is essential for parents to understand that the right to maintenance for adult children is not automatic but depends on a series of factors that must be carefully evaluated by the judge.