Judgment no. 24731 of 2024: Burden of Proof in Maintenance of Adult Children

The recent ordinance of the Supreme Court of Cassation, no. 24731 of 2024, offers important food for thought on the matter of maintenance for adult children. The central issue concerns the burden of proof, i.e., who must demonstrate the necessary conditions for the right to maintenance. In this case, the appellant A.A. contested a decision by the Court of Appeal of Trieste, which had imposed on him the obligation to pay a contribution for the maintenance of his daughter C.C., even though the young woman was already an adult and had embarked on a university path.

Legal Context and the Court of Appeal's Decision

The Court of Pordenone had initially revoked the maintenance obligation, deeming the daughter to be self-sufficient. However, the Court of Appeal overturned this decision, highlighting that the late start of her university studies and precarious employment were not sufficient to demonstrate the girl's economic self-sufficiency. In particular, the Court emphasized that the maintenance obligation must be assessed taking into account social and individual factors.

It is fundamental that the burden of proof of the conditions that found the right to maintenance lies with the applicant and not the parent.

Grounds for Appeal and the Court of Cassation's Arguments

A.A. filed an appeal, arguing that the Court of Appeal had erroneously reversed the burden of proof. In fact, according to established case law, it is up to the applicant to prove the lack of economic self-sufficiency and the commitment to seeking employment. The Court of Cassation upheld this argument, stating that the assessment must necessarily take into account the concrete situation of the adult child, considering the principle of self-responsibility.

• Economic self-sufficiency must be proven by the applicant.
• The course of study and personal difficulties must be assessed on a case-by-case basis.
• The educational function of maintenance must be considered in the duration and content of the obligation.

Conclusions

Judgment no. 24731 of 2024 represents an important milestone in Italian jurisprudence regarding the maintenance of adult children. The Court of Cassation reiterated that the burden of proof lies with the person requesting maintenance, affirming the need for a case-by-case assessment. This approach ensures greater fairness and consideration of different family realities, avoiding generalizations that could infringe upon the rights of children. Therefore, it is essential for parents to understand the implications of such decisions and prepare adequately in case of litigation.