Child Support and Assisted Negotiation: Commentary on Order No. 19388 of 2024
Order No. 19388 of July 15, 2024, issued by the Court of Cassation, addresses a sensitive and current issue: the modification of child support contributions for minor children following family crises. This decision underscores the importance of the context in which financial agreements between parents are established and the legal implications that arise. The ruling clarifies that agreements reached through assisted negotiation are also subject to modification, provided there are significant changes in the parents' financial circumstances.
The Nature of Assisted Negotiation Agreements
Assisted negotiation, governed by Article 6, paragraph 3, of Legislative Decree No. 132 of 2014, represents an alternative to judicial proceedings for resolving family disputes. Agreements reached in this context have legal value and produce effects similar to those of judicial orders. However, as highlighted in the ruling, it is crucial that these agreements are flexible and can adapt to any changes in the parents' financial situations. This is essential to ensure the well-being of the children, which must remain a priority in all decisions.
Prerequisites for Modifying Child Support
According to the ruling's maxim, to modify the contribution established through assisted negotiation, it is necessary to demonstrate a change in the parents' financial circumstances. These prerequisites are analogous to those required when the alimony was determined in a judicial setting. Here are some key points to consider:
- A significant change in the income of one or both parents.
- Changes in the children's financial needs.
- Any other factors that may affect the financial well-being of the offspring.
Family crisis - Child support for minors - Contribution determined by assisted negotiation - Modification - Prerequisites - Basis - Consequences. Regarding the economic regime in favor of offspring, as a consequence of family crisis, the amount of the contribution for the maintenance of minor children, determined within the assisted negotiation agreement for the consensual resolution of divorce pursuant to art. 6, paragraph 3, of Legislative Decree no. 132 of 2014, converted, with amendments, by Law no. 162 of 2014, is subject to modification, pursuant to art. 337-quinquies of the Civil Code, in the presence of the same prerequisites provided for cases where the alimony was determined in a judicial setting, as the agreement produces the effects of judicial orders that define separation proceedings or the cessation of civil effects of marriage. Therefore, for the modification of the contribution, it is necessary that a change in the parents' financial circumstances has occurred, capable of altering the previous financial arrangement made with the agreement.
Conclusions
In conclusion, Order No. 19388 of 2024 represents a significant step forward in protecting the rights of minors in situations of family crisis. It reiterates that child support agreements, even if reached through assisted negotiation, are not static and must be adaptable to changed financial circumstances. It is essential for parents to understand the importance of maintaining open and honest communication regarding their financial situation to ensure the well-being of their children and respect for the agreements made.
