Order No. 19955 of 19 July 2024 of the First Civil Division of Italy’s Court of Cassation addresses, among the issues in divorce proceedings, maintenance for a son aged over thirty.
The issue before the Court
The Lecce Court of Appeal had upheld the father’s monthly contribution of €200, giving weight to the son’s recent difficulties. The Court of Cassation allowed the ground concerning his maintenance and referred that issue back to the appellate court. The other three grounds of appeal were declared inadmissible.
Evidence and the limits of the decision
A claim for maintenance for an adult child requires proof both of the child’s lack of financial independence and of efforts to pursue education or find work. This approach also applies when a parent seeks to end an existing maintenance obligation.
The assessment must take account of age: a person who has just turned eighteen is in a different position from someone who has been an adult for many years. In the latter case, the court must examine the overall history rather than base its decision only on difficulties in recent years.
An existing maintenance order does not automatically cease when the child turns eighteen. In this case the Court required a fresh judicial assessment; it did not itself make a final order ending the contribution.
