Court of Cassation Civil Ruling no. 9839/2024: Divorce Alimony and Child Custody

The recent ruling by the Court of Cassation no. 9839 of 2024 focuses on important issues related to divorce, particularly concerning maintenance payments and child custody. This case offers food for thought on parental responsibilities and the measures to be taken to ensure the well-being of minors involved in separation.

The Context of the Judgment

The Court of Appeal of Genoa had previously established a monthly maintenance payment of €6,000 for the children and €2,000 for the mother, A.A. However, the judgment was appealed by both parties, leading to a review of the decision. The Court of Cassation examined various grounds for appeal, highlighting issues related to custody and the quantification of payments.

The assessment of visitation rights and meetings between a parent and children must always consider the best interests of the minor, avoiding unwanted impositions.

The Issues Raised

The ruling clarified some key issues:

• The minors' refusal to meet their father, B.B., was a crucial element in determining exclusive custody to the mother.
• The importance of a support program to facilitate the restoration of family ties was emphasized, without forcing minors to participate.
• The Court highlighted that the amount of the maintenance payment must reflect the current needs of the children and the standard of living enjoyed during the marriage.

Conclusions

Ruling no. 9839/2024 by the Court of Cassation represents an important precedent in family law, emphasizing how decisions regarding maintenance payments and child custody must always be exhaustively and proportionally justified. The care and well-being of minors must remain at the center of every decision, ensuring that the measures adopted are adequate and respectful of their needs and desires.