Children and maintenance: is the parent required by law to do so in all circumstances? Let’s see what the news from the Supreme Court is.
Child support is a fundamental obligation for parents, a duty that begins with their birth and extends throughout the entire period of their growth. Parents, married or unmarried, must support their children in proportion to their economic capabilities. In fact, the law requires that parents must by law support their children until the age of 18.
This obligation includes not only essential necessities such as food, housing, education and medical care, but also expenses for sports, travel, internet connection and various entertainment. Furthermore, the amount of maintenance varies based on the economic conditions of the parents. According to the Court of Cassation, children of separated parents must maintain the same standard of living they had when their parents lived together. So, if the parents are wealthy, maintenance will also be higher. But what happens when the children are adults? And when do parents not have to support their children?
Child support, news comes from the Supreme Court: what to know
According to the law parents must continue to support their adult children until they become financially independent. This does not mean that the child must have an ideal job, but he must have an occupation suitable for his studies and sufficient to live independently. So if the child gets a part-time job or a fixed-term contract, this can be considered sufficient to achieve economic independence. In these cases, parents may stop paying child support.
Although a child enrolled at university does not commit to his studies and does not pass exams, the parents can revoke maintenance. Low grades and lack of progress in studies indicate a non-serious approach, and parents are not obliged to financially support this behavior. Furthermore, if the child decides not to continue his studies e is not actively looking for work, or rejects job opportunities (such as employment in the family business), parents can terminate maintenance. In these cases, the parent who wants to stop paying must demonstrate that the child is not trying to become independent.
These rules follow recent Supreme Court rulings, in particular:
- Sentence no. 18785/2021: If adult children do not engage in studies or work, they may lose the right to maintenance. Children must show commitment to becoming independent.
- Sentence no. 19077/2020: If a child refuses reasonable jobs or does not actively seek work, support may be waived. Parents are not obliged to support inactive children.
- Sentence no. 22314/2019: Maintenance can also be revoked for university students who do not progress in their studies. Continuity in studies and good results are essential to continue receiving support.
We also remember that according to the Supreme Court, a child who has not found work by the age of 30 (or 35 years for longer professional careers) may lose the right to maintenance. At this age, unemployment is seen as a consequence of a lack of commitment. Furthermore, a child has achieved economic independence and then loses his job, he cannot return to ask for maintenance from his parents. The obligation definitively ceases when the child becomes independent. Furthermore, the child’s marriage usually means an end to child support. However, if both the child and his or her spouse cannot support themselves financially, maintenance may still be required.
