Alimony and Tax Return
Alimony is an economic emolument, consisting of a sum of money paid to the weaker spouse (financially weaker) or in the form of financial support for children. Generally speaking, the amount is generally determined by the court, so it is natural to ask whether the alimony should be indicated in the tax return or not.To […]
Recognition of a foreign divorce
According to the conclusion of the Advocate General of the Court of Justice of the European Union, a final judgement of divorce has validity in Italy even if proceedings are pending.Nevertheless, continues the Advocate General, the judge must always verify not only that the judgement does not violate the fundamental rights and the public order principle, […]
Divorce allowance and burden of proof
According to the recent ruling of the Italian Supreme Court, the spouse applying for the divorce allowance has the burden of proving the lack of an adequate income. The divorce allowance does not only aim at restoring the previous standard of living during the marriage, but the divorce allowance must also be sufficient for an […]
Violating Shared Custody is a crime
When the spouses separate, the judge rules over the custody of the children. If shared custody is ordered, it is necessary that the children continue to stay with both parental figures, sharing equally the time to be spent with both with each other, except when evident obstacles are in place. But what if the former […]
Failure to pay Alimony and Moral Damages
If the former spouse fails to pay the alimony, he or she may be liable to compensate the other spouse for the damages caused by this failure. This principle has been recently confirmed by judgement no. 17144/2018 of the Court of Rome. The case involved a couple of former spouses, whose husband had repeatedly missed […]