One of the several consequences of the temporary (or definitive) termination of marriage relationship is the economic support in favour of the other spouse and the children. Specifically, art. 570 Italian Criminal Code states the condition and requirement of eventual liability for the non-payment of child maintenance. In the present case, it was found that first instance Court did not assess correctly spouse’s economic conditions and further elements.
Italian Cassation Court (Sentence No. 11364/2020) annulled Florence Court of Appeal decision that found the husband guilty of non-payment of child maintenance following the insolvency of his company. The spouse presented appeal against first decision claiming judges did not correctly assess his economic condition. On top of that, it was found that the husband renovated the family house just before the bankruptcy without the wife contributed to this expenditure. In addition, the liquidator declared that the husband – as a result of bankruptcy – was forced to rely on assistance centre.
The Cassation Court revealed that family house renovation was strictly connected with the alleged husband liability for the non-payment of child maintenance. Therefore, the Cassation Court stated that first instance Court did not evaluate all information about the spouses and, on top of that, it wrongly interpreted house renovation as not related to the child support.
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