Child support in Italy: when is it objectively impossible?
According to Italian Family Law, child support is a periodic payment made by a spouse for the financial benefit of a child following the end of a marriage or other type of relationship. The most relevant aspect is that child support priority is child’s wellbeing and his support after the end of a marriage or relationship. The right to child support has been internationally recognized within the 1992 United Nations Convention on the Rights of the Child. In this context, child support constitutes a mandatory obligation for one of the spouses and, according to the jurisdiction; it has a different degree of enforceability.
Italian Cassation Court decision (Sentence No. 10422/20209) confirms the first instance decision in relation to the violation of fathers’ support obligations towards the child. In fact, Italian Law look quite strict in assessing the circumstances that may prevent spouse to comply with child support schemes. For instance, the mere fact that spouse’s income was only €1.000.00 and he decided to use that income to pay back his debts does not represent a robust justification.
According to the Italian Law, the spouse must demonstrate an objective, and persistent, impossibility. Moreover, the spouse will be criminal responsible in the event victims are minor and therefore unable to take care of themselves. Subsequently, the Court confirmed the first instance conviction. The Supreme Court applied art. 570, section 2 Civil Code and it convicted the father to a three-years prison period and €220.00 fine.
VGS lawyers professional are perfectly able to assist you in every stage of your child support scheme. Our lawyers have achieved brilliant results negotiating the best condition for our clients. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.