Understanding the Cessation of Maintenance Obligation

The end of the maintenance obligation for an adult child is a complex issue, generating doubts and uncertainties for many separated or divorced parents. It is often believed that reaching the age of eighteen automatically terminates the payment of alimony, but the Italian legal reality is more nuanced. Understanding the criteria that define a child's economic self-sufficiency is fundamental to acting correctly and protecting one's rights. As a divorce lawyer in Milan, Avv. Marco Bianucci deals with these situations daily, guiding parents through a clear legal path based on concrete evidence.

The Regulatory Framework: Beyond Adulthood

Italian law, particularly Article 337-septies of the Civil Code, stipulates that a judge may order the payment of a periodic allowance for adult children who are not economically independent. This principle is based on the duty of family solidarity, which does not end upon reaching adulthood. However, this right is not unlimited. Established jurisprudence has clarified that the parent's obligation persists until the child, despite having completed studies and training, has achieved real economic independence. The right also ceases if the failure to achieve such independence is due to the child's inertia or a culpably passive attitude.

Economic Self-Sufficiency: Criteria and Burden of Proof

The concept of economic self-sufficiency is at the heart of the matter. It is not simply about having a job, but about receiving a stable income adequate to support an autonomous standard of living. A permanent employment contract is generally considered sufficient proof, but other types of contracts, if stable and continuous, can also be relevant. The burden of proving that the conditions for maintenance have ceased falls on the parent obligated to pay. It is necessary to gather concrete evidence, such as employment contracts, the child's tax returns, or evidence of a stable cohabitation with a new partner who contributes to their support. Proving the child's culpable inertia, i.e., their lack of effort in seeking employment, is more complex and requires an in-depth analysis of their conduct and available job opportunities.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a divorce lawyer with extensive experience in Milan, is based on a rigorous and personalized analysis of each individual case. The first phase involves a careful assessment of the adult child's situation: their studies, professional aspirations, commitment to finding work, and their actual economic conditions. Subsequently, the firm focuses on gathering all the necessary evidence to support the request for revocation or modification of the allowance. The strategy is never aggressive but aims to establish an objective framework before the judge, unequivocally demonstrating the achievement of economic independence or the presence of unjustifiable inertia. The goal is always to reach a fair solution that protects the parent's interests, in compliance with legal principles.

Frequently Asked Questions

When does an adult child lose the right to maintenance?

An adult child loses the right to maintenance when they achieve stable economic independence, allowing them to provide for their own living needs autonomously. They also lose the right if, despite not being self-sufficient, they refuse job opportunities without justified reason or do not actively engage in seeking employment, demonstrating culpable inertia.

What does "economic self-sufficiency" mean in the eyes of the law?

According to jurisprudence, economic self-sufficiency does not coincide with any employment, but with a stable work situation that provides an adequate income to guarantee an autonomous and dignified existence. Precarious work, an internship, or a part-time job with meager pay may not be considered sufficient to terminate the obligation.

If my child works part-time, do I have to continue paying the allowance?

It depends on the nature of the part-time job and the income received. If the contract is a voluntary choice by the child, who could aspire to full-time employment, and the income is not sufficient to make them independent, the judge may order a reduction of the allowance rather than a total revocation. Each case is evaluated individually, considering the adequacy of the income against the cost of living.

How can I request the revocation of the maintenance allowance?

To formally request the revocation of the allowance, it is necessary to file a petition with the competent court through a lawyer. In this proceeding, the requesting parent must provide all evidence demonstrating the child's achievement of economic independence or their culpably passive conduct in seeking employment. The judge will evaluate the evidence and decide whether to revoke, modify, or confirm the obligation.

Contact the Firm for an Assessment of Your Case

Modifying the maintenance conditions for an adult child is a legal procedure that requires specific expertise and careful preparation. Acting without a clear strategy or without adequate evidence can jeopardize the outcome of the proceedings. If you believe your child's situation has changed and the conditions for revoking the allowance exist, the first step is to obtain qualified legal advice. Contact the Bianucci Law Firm in Milan for an in-depth assessment of your case and to define the most effective path to protect your rights.