When a Family Member Denies Support in a State of Need

Finding yourself in a condition of severe economic difficulty and being denied support by your closest family members is a deeply painful experience, both materially and emotionally. Italian law, however, does not leave citizens unprotected in these extreme circumstances. The Civil Code indeed provides for a specific obligation of family solidarity, establishing the right to receive alimony from certain relatives when one is unable to provide for their own sustenance.

As a family lawyer in Milan, Avv. Marco Bianucci understands the delicacy of these situations, where the rigor of the law is inextricably intertwined with the most intimate relational dynamics. Facing the refusal of a well-off relative requires not only a deep knowledge of regulations but also a clear and targeted strategy to restore balance and ensure the dignity of the person in need.

The Right to Alimony in the Italian Legal System

In our legal system, the right to alimony, governed by Article 433 of the Civil Code, arises when a person is in an objective state of need and is unable to provide for their own maintenance, for example, due to health reasons, advanced age, or objective impossibility of finding employment. Unlike maintenance, which aims to preserve the previous standard of living, alimony is strictly limited to what is necessary for the life of the person requesting it, also considering their social position.

The law establishes a precise hierarchy of those obliged to provide alimony. The obligation falls first on the spouse, followed by children (including adopted ones) or, in their absence, by their direct descendants. Subsequently, parents or ascendants, sons-in-law and daughters-in-law, fathers-in-law and mothers-in-law, and finally brothers and sisters are called upon. This gradation is binding: one cannot turn to a relative of a later degree if there is an obligor of a prior degree capable of fulfilling the obligation.

The Approach of the Bianucci Law Firm in Milan

Facing a legal dispute against a family member is a step that requires careful consideration. The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, focuses initially on attempting an amicable resolution of the matter. Often, a formal, authoritative yet measured legal intervention can make the defaulting relative understand their precise legal duties, avoiding the escalation of relationships and leading to a quick and effective out-of-court settlement.

Should the relative persist in their unjustified refusal, the Bianucci Law Firm intervenes with determination in court. The objective becomes to unequivocally demonstrate to the Judge the applicant's state of need and the obligor's economic capacity, in order to obtain a judicial order mandating the payment of the alimony. Every phase is managed by ensuring the client maximum clarity on the actions taken and the prospects of the case.

Costs of Legal Action

It is understandable that, being in a state of economic need, concern for legal expenses is a priority. However, the costs of a legal proceeding for the request of alimony depend on numerous factors specific to each individual case, such as the necessity of initiating a full-blown litigation or the possibility of reaching a prior agreement. During the first consultation at the office, Avv. Marco Bianucci will analyze the concrete situation and provide a clear and transparent overview of the expected financial commitment, also evaluating, where the strict legal requirements are met, the possibility of accessing legal aid (Patrocinio a spese dello Stato).

Frequently Asked Questions

What is the difference between alimony and maintenance?

Maintenance aims to guarantee the same standard of living previously enjoyed (e.g., during marriage) and presupposes a closer bond. Alimony, on the other hand, consists solely of what is strictly necessary for the survival (food, housing, essential medical care) of a person in a state of absolute need and unable to provide for themselves.

Who must pay alimony if there are multiple relatives of the same degree?

If there are multiple individuals obligated at the same degree (e.g., three siblings), all must contribute to providing alimony. However, the share borne by each is not divided equally but is calculated in proportion to their respective economic conditions. The Judge will assess the financial and income capacity of each individual relative to determine the amount owed by each.

What to do if a family member refuses to pay despite a state of need?

If the family member legally obliged to pay alimony categorically refuses to do so, it is necessary to go to court. With the assistance of a lawyer, a petition will be filed to ask the Judge to ascertain the state of need and order the relative to pay a monthly alimony, which can then be collected even by coercive means (e.g., through seizure) in case of further non-compliance.

Protect Your Rights: Contact the Bianucci Law Firm

If you find yourself in a situation of severe economic necessity and your family members are shirking their duties of solidarity, do not resign yourself. The law offers you precise tools to obtain the support to which you are entitled. Contact Avv. Marco Bianucci for a careful and confidential assessment of your case. The Bianucci Law Firm will welcome you at its office at Via Alberto da Giussano, 26 in Milan, to listen to your story and build together the most appropriate strategy to protect your dignity and your fundamental rights.