The Maintenance of Adult Children and the Principle of Self-Responsibility

Addressing the issue of financial maintenance for adult children often represents a delicate and complex matter for many separated or divorced parents. It is natural to wish the best for one's children, supporting them in their studies and the start of their professional lives, but a legitimate question arises when such support transforms into a parasitic income in the face of disinterest towards economic independence. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the frustration that arises from having to pay a maintenance allowance to a child who, despite having completed or interrupted their education, does not actively seek employment. Italian legislation and the most recent case law have marked an important shift, valuing the principle of self-responsibility: an adult child cannot expect to be supported indefinitely if their lack of self-sufficiency is caused by their own inertia or unjustified refusal of job opportunities.

The Regulatory Framework: When the Obligation to Maintain Ceases

The right to maintenance for an adult child is not an automatic and perpetual right. Although Article 337-septies of the Civil Code provides for the judge's obligation to order an allowance in favor of economically independent adult children, the Court of Cassation has clarified the limits of this provision on several occasions. The duty of maintenance ceases when the child has reached an age where they are presumed capable of providing for themselves, or when the lack of economic independence is attributable to their fault, legally defined as culpable inertia. This concept applies when the young person, after completing their studies, does not actively engage in seeking work, refuses offers received without valid reasons, or prolongs university studies well beyond the legal duration of the course without justified cause. It is essential to understand that, according to the current orientation, including that of the Court of Milan, the child has a duty to take action to become autonomous, scaling down their initial aspirations if necessary, in order to find a source of income.

The Bianucci Law Firm's Approach to Cases of Allowance Revocation

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by a rigorous preliminary analysis of the factual situation. To obtain the revocation or reduction of the maintenance allowance, it is not sufficient to complain about the child's unemployment; concrete evidence must be provided to the judge demonstrating the beneficiary's inertia. The Bianucci Law Firm works closely with the obligated parent to build a solid defense strategy, aimed at highlighting the child's age, the time elapsed since the end of their studies, any refusal of job offers, or the lack of registration with employment agencies and job centers. The goal is to demonstrate that the lack of self-sufficiency does not depend on the labor market conditions but on the young person's passive attitude. Thanks to the consolidated experience gained in the courts of Milan, Avv. Marco Bianucci is able to accurately assess the chances of success of a request to modify the conditions of separation or divorce, guiding the client towards the most effective solution to be freed from a financial obligation no longer legally due.

Frequently Asked Questions

Until what age do I have to support my child if they don't work?

There is no fixed age established by law for the automatic cessation of the obligation, but case law, especially recent rulings by the Court of Cassation, tends to consider ages 30-34 as a threshold beyond which the state of non-self-sufficiency is difficult to justify, presuming that the lack of employment is due to inertia, unless very rigorous proof to the contrary is provided.

Can I stop paying maintenance if my child refuses a job?

The unjustified refusal of a job opportunity, even if not perfectly aligned with the child's aspirations or studies, can be a valid reason to request the revocation of the allowance. However, it is not possible to arbitrarily suspend payments: a court order is necessary to modify the existing conditions, establishing the culpability of the refusal.

What should I do to prove that my child is not looking for work?

The burden of proof is complex but crucial. An expert family law attorney will help you gather useful evidence, such as the absence of registration with employment agencies, the lack of CV submissions, or the unjustified prolongation of studies.