Judgment No. 2536/2024 of the Court of Cassation: Divorce Allowance and Child Support
The recent judgment No. 2536/2024 of the Court of Cassation provides important points for reflection regarding the divorce allowance and child support, highlighting how the jurisprudence moves in the direction of protecting the most vulnerable individuals, particularly when one of the parents is experiencing financial difficulties. Let us analyze the key points of the decision.
The Context of the Judgment
The Court of Cassation was called to rule on an appeal presented by A.A. against the judgment of the Court of Appeal of Ancona, which had reduced the divorce allowance requested by the appellant to €600.00 per month. The central issue concerned the correct application of the criteria for determining the divorce allowance and child support, particularly in light of the principles of proportionality and adequacy provided by the Civil Code.
The contested judgment did not consider the income and asset conditions of the father, nor did it weigh the fact that the mother, lacking income, received a divorce allowance with an assistive function.
The Reasons for the Appeal and the Court's Decision
The first reason for the appeal was declared inadmissible, as the appellant did not provide concrete evidence of sacrificing her work expectations for the family. However, the second reason was accepted, as the Court recognized that the quantification of the allowance for child support did not comply with the criteria of proportionality, neglecting the economic needs of the mother and the children.
In particular, the Court emphasized that, to determine the maintenance allowance, it is necessary to consider:
- The current needs of the child
- The standard of living enjoyed during cohabitation
- The income of both parents
- The time spent with each parent
- The economic value of domestic and caregiving tasks
The Implications of the Judgment
This judgment reaffirms the importance of a careful and detailed assessment of the economic and social circumstances of each parent, as well as the needs of the children. The Court of Cassation clarified that the maintenance allowance must guarantee the children's right to an adequate standard of living, without distinctions based on the parents' separation status.
Furthermore, it emphasizes the need to respect the principle of equality between the rights of children, regardless of the marital status of the parents. Therefore, separated or divorced parents have the obligation to support their children in proportion to their economic capabilities.
Conclusions
In conclusion, judgment No. 2536/2024 of the Court of Cassation fits into a legal context that tends to protect the rights of the most vulnerable, such as children and parents without income. It represents an important step towards greater equity in determining divorce allowances and contributions to child support, highlighting how justice must always consider the real living conditions of the parties involved.
