Child Support Under Italian Law Most Recent Jurisprudence

CHILD SUPPORT UNDER ITALIAN LAW MOST RECENT ITALIAN JURISPRUDENCE   According to Italian Law, parents are obliged to support their children solely for the existence of the filiation relationship. This obligation, in fact, exists both in the case of children born of Italian marriage and from cohabitation and persists even in the event of Italian […]

Offence minor nature and failing to pay child support

According to the Italian Cassation Court, it is unfeasible to recognise the minor nature of child support non-payment. This is due to father’s usual conduct and his persistent behaviour to fail to pay the support to his children.   The sentence No. 22523/2020, the Italian Cassation Court restated the principle according to which you cannot […]

Non-payment of child maintenance in Italy: spouse’s bankruptcy

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 […]

Covid-19: is the child maintenance payment affected?

child custody

Within marital relationship both parents have a moral and legal obligation to financially support their children while they are growing up; inside or outside the marital relationship. Child maintenance usually entails regular financial payments made towards a child’s everyday living expenditure including education and leisure time. Payments are regular and their non-performance may lead to […]

Failure to pay child support: low standard of living does not constitute an exemption

According to the Italian Court of Cassation, low standard of living caused by temporary job problems does not dispense the spouse to pay for the child support. In details, sentence N. 48567/2019 confirmed that the spouse did not prove its inability to comply with child support duty. Moreover, during the period child support payment did […]