Divorce Alimony and Child Support: Commentary on Judgment No. 441 of 2024 by the Court of Appeal of Rome
The recent judgment No. 441 of the Court of Appeal of Rome, published on January 22, 2024, provides important insights regarding divorce alimony and child support. The Court addressed a complex case in which one party requested divorce alimony and a review of the amount allocated for the daughter's support, highlighting the economic issues and parental responsibilities.
The Context of the Judgment
The case originated from a woman's request, X, to obtain the cessation of the civil effects of the marriage and, at the same time, a divorce alimony of 1,500 euros per month. The husband, Y, contested the request for divorce alimony, arguing that the wife had not contributed to the creation of the joint estate. The Court, after examining the documents and evidence, rejected the request for divorce alimony, emphasizing that the prerequisites for such recognition were not met.
The Court emphasized that the recognition of divorce alimony presupposes the ascertainment of the inadequacy of the economic means of the requesting party.
Decisions on the Request for Child Support
Another relevant aspect of the judgment concerns the support for the daughter. The first judge had set an amount of 1,000 euros per month, but the wife complained that the court did not consider the actual needs of the daughter. However, the Court confirmed the appropriateness of the established amount, considering the documentary evidence and the father's economic situation, who was able to provide support and lived in a property he owned.
- Divorce alimony: the Court's refusal is based on the absence of a professional sacrifice on the part of the wife.
- Child support: the established amount was deemed appropriate based on the evidence provided.
- Tax police investigations: the Court considered further investigations to ascertain the asset situation unnecessary.
Conclusions
Judgment No. 441/2024 of the Court of Appeal of Rome reaffirms the importance of demonstrating actual sacrifice and contribution to the construction of the family estate to obtain divorce alimony. Furthermore, it highlights the need to carefully assess the needs of minors and the economic capacity of parents to establish adequate amounts for support. This case represents an important precedent for future disputes regarding divorce and support, highlighting the balance between the rights and duties of spouses.
