When does the obligation to provide maintenance cease?

The question of when the obligation to provide maintenance for an adult child ends is one of the most complex and sensitive issues in family law. Many parents mistakenly believe that reaching the age of eighteen automatically extinguishes all financial obligations. However, Italian law is more nuanced, aiming to balance the duty of family solidarity with the principle of self-responsibility of the adult child. As a family lawyer in Milan, Avv. Marco Bianucci deals with these dynamics daily, providing clarity and support to manage what is often a delicate transition phase.

The Principle of Economic Self-Sufficiency According to the Law

The relevant legal framework is Article 337-septies of the Civil Code. This article stipulates that a judge may order the payment of a periodic allowance to adult children who are not economically independent. The right to maintenance, therefore, is not linked to a specific age but to achieving genuine economic independence. This concept, developed and defined by case law, is not simply about having any job. Independence is considered achieved when the child receives a stable income that is adequate for their educational path and professional aspirations, enabling them to lead an autonomous and dignified life.

Criteria Evaluated by the Court

To determine whether the obligation to provide maintenance should continue or cease, the Court does not merely consider the child's age. Several factors are analyzed, including the educational path undertaken (if pursued with profit and commitment), the actual job search efforts, and the coherence of the child's choices with the socio-economic context. A crucial element is so-called culpable inertia: if the adult child unjustifiably refuses adequate job opportunities or drops out of studies without reason, their right to maintenance may be revoked or reduced. Case law tends to set a reasonable time limit, beyond which the persistent lack of independence is presumed to be the child's choice, thereby ending the parent's obligation.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, focuses on a factual and rigorous analysis of each individual situation. There are no standard solutions, but tailored paths. The first step involves gathering all necessary documentation to demonstrate the change in circumstances: completion of studies, proof of job search, any offers received and rejected by the child. The goal is to present a clear picture to the judge justifying the request for revocation or modification of the allowance. Where possible, a negotiated agreement between the parties is preferred, a solution that allows the matter to be resolved more quickly and with less conflict, always in compliance with legal principles.

Frequently Asked Questions

At what age does the obligation to provide maintenance for a child end?

There is no fixed age set by law. The obligation ceases upon achieving proven economic independence. However, case law has generally identified an age threshold (often around 30-34 years, depending on the course of study) beyond which the burden of proof to still deserve maintenance becomes much stricter for the child.

What happens if my adult child does not study and does not work?

If the lack of employment or continuation of studies is not due to valid reasons (such as health problems or genuine job search efforts), but to a choice of inertia or negligence, the parent can request the Court to revoke the maintenance allowance. It is necessary to demonstrate the child's 'culpable inertia' to obtain a favorable ruling.

If my child has a part-time or precarious job, do I still have to support them?

It depends on the nature of the job and the income received. Occasional employment, an internship, or a part-time contract with a minimum wage may not be considered sufficient to guarantee economic self-sufficiency. In such cases, the judge might order a reduction of the maintenance allowance rather than a total revocation, considering the contribution of the new income.

How can I request the revocation of the maintenance allowance?

To obtain the revocation or modification of the allowance, it is necessary to initiate a specific legal proceeding before the competent Court. With the support of a lawyer, a petition for the modification of the separation or divorce conditions is filed, attaching all evidence demonstrating the child's achievement of economic independence or their culpable inertia.

Request an Assessment of Your Case

Determining whether the conditions for the cessation of the maintenance obligation exist requires specific expertise and careful evaluation of the circumstances. Family dynamics are complex, and each situation deserves in-depth analysis to avoid missteps and protect one's rights. Avv. Marco Bianucci offers legal advice in Milan to analyze your position and define the most effective strategy.

Contact the Bianucci Law Firm to schedule a meeting. A clear and professional analysis of your case is the first step towards achieving a fair and definitive solution, in line with the latest legal developments in this area.