The Duty of Maintenance Beyond the Age of Majority

Reaching the age of eighteen marks the entry into adulthood, but in our legal system, it does not automatically terminate the obligation of parents to provide for the economic needs of their offspring. This scenario often generates uncertainty and conflict within families, with parents concerned about having to support their children indefinitely and young adults claiming the right to complete their educational path. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deals with these delicate dynamics daily, offering clarity on a subject where the law requires a careful balance between the child's right to support and the parent's right to see their financial burden concluded at a certain point.

The Regulatory Framework and Economic Independence

Italian law, particularly Article 337-septies of the Civil Code, stipulates that a judge may order the payment of a periodic allowance in favor of adult children who are not economically independent. However, recent case law from the Court of Cassation has introduced stricter criteria for assessing the persistence of this right. The guiding principle is no longer chronological age itself, but the achievement of so-called economic independence or, alternatively, proof that the failure to achieve such autonomy is due to the child's inertia, fault, or negligence. There is no right to lifelong maintenance: the child has a duty to actively engage in studies or in seeking employment to become self-sufficient, compatible with their abilities and market opportunities.

When the Parents' Obligation Ceases

The obligation of maintenance tends to cease when the child has completed their chosen course of study and has had a reasonable period to enter the job market, or when, even without completing their studies, they demonstrate disinterest and poor academic performance, prolonging the status of an 'overdue' student beyond any reasonable limit. Unjustified refusal of concrete job opportunities can also lead to the revocation of the allowance. It is crucial to understand that each situation must be assessed individually: a thirty-year-old child who is not working will be judged differently from a twenty-year-old still enrolled in university with good grades.

The Bianucci Law Firm's Approach

Avv. Marco Bianucci, thanks to his consolidated experience as an expert lawyer in family law in Milan, adopts an analytical and evidence-based approach to resolve disputes related to the maintenance of adult children. We do not merely cite the law but build a strategy based on concrete facts. If we assist the obligated parent, we work to gather evidence of the child's potential inertia or the achievement of sufficient earning capacity, in order to request a revision or revocation of the allowance. If we assist the child or the custodial parent, we focus on demonstrating the commitment made in the educational path or in actively seeking employment, highlighting objective market difficulties.

The philosophy of the Bianucci Law Firm prioritizes, where possible, the path of negotiation to reach agreements that foster responsibility in children without further damaging family relationships. However, when necessary, Avv. Marco Bianucci is prepared to defend the client's rights in court with firmness and competence, ensuring that the application of the law reflects the actual factual situation.

Frequently Asked Questions

Does maintenance automatically cease when my child turns 18?

No, reaching the age of majority does not automatically extinguish the obligation of maintenance. The parent is obliged to continue paying the allowance until the child achieves economic independence, unless it can be proven that the failure to achieve autonomy is due to the child's fault.

What happens if my child does not study and does not look for work?

If an adult child does not continue their studies and does not actively seek employment (so-called NEETs), the parent can request the judge to revoke the maintenance allowance. It is necessary to prove the young person's culpable inertia, demonstrating that the lack of income is the result of their choice and not external circumstances.

Does a part-time or precarious job cause the loss of the right to maintenance?

It depends on the amount of income and the prospect of stability. A summer job or an occasional gig that does not guarantee true self-sufficiency usually does not cause the allowance to lapse, but it could lead to a reduction. If, however, the child receives an income that, although modest, allows them to cover their primary needs, the obligation may cease.

Up to what maximum age am I obliged to support a child?

There is no fixed age limit established by law, but recent case law tends to consider 30-35 years as a threshold beyond which maintenance is increasingly difficult to justify, presuming that at that age, unemployment is due to the child's fault, except in exceptional cases of serious illness or disability.

Request an Evaluation of Your Case

The dynamics concerning the maintenance of adult children are complex and subject to ongoing jurisprudential evolution. If you believe that the conditions for paying the allowance have changed or you need to protect your right to support, rely on the expertise of Avv. Marco Bianucci. We receive by appointment at our office in Milan at Via Alberto da Giussano, 26, to analyze your specific situation and identify the most effective strategy.