The Italian law (Article 433 of the Italian Civil Code) establishes that the obligation to pay the alimony, claimed by indigent family members, can be asked also to siblings.
The law provides for certain requirements in order to obtain the alimony:
- The state of need: it is necessary to demonstrate that you are indigent and unable to provide for yourself;
- Residuality: according to the law it is necessary to follow a precise order of relatives to whom to ask for alimony and only lastly one can turn to siblings.
Therefore, in order to obtain alimony, it is always necessary that the previous obliged relative does not have the possibility to fulfil the alimony. Specifically, the order is as follows:
If in Court the sibling claims that he does not have the economic capacity for alimony, it is possible to obtain his tax return to verify the truthfulness of the position – as established by the Regional Administrative Court of Sardinia (judgment no. 942/2018).