Child support and alimony constitute undesired consequences of the end of a marital relationship. In the event the spouse fails to pay child support, the Italian Law offers two different sources of resolution of the matter. First, article 156 of the Civil Code and article 8 of the Italian Divorce Law.
A child support scheme is either a moral and a legal duty towards children born within the marital relationship. For this very reason, such legal duty exists regardless of the type of relationship between the spouses. This means that child support will exist in the context of separation and divorce proceedings.
The child support shall be paid by the non-custodial parent as a monthly child benefit for the livelihood of the child. Child support duty is also established by article 30 of the Italian Constitution.
The child support scheme is applicable to either child born inside or outside the marriage. This means that the child support has the following features:
– The child support is inalienable;
– The child support is unseizable;
– The child support is non-countervailable;
– The child support cannot be returned.
However, it is possible that spouses fail to pay the child support. Which are the remedies in this case? It depends on the type of proceeding spouses are involved in. Subsequently, the remedies change depending on spouses are involved in separation or divorce proceedings.
I the event the non-payment of child support takes place in the context of separation proceeding, the remedy is offered by art. 156 of Civil Code. Specifically, in case of non-payment, the Judge may order the seizure of spouse’s estate while also ordering to spouse’ debtors to pay a part of the sum to the subjects who are entitled to receive it. The advantages connected to this solution are:
– Judge’s order is a future and regular obligation where the spouse or his/her debtors will have to pay the child support to the subjects who are entitled to receive it;
– Judge’s order is able to stop the eventual breach of child support duty.
I the event the non-payment of child support takes place in the context of divorce proceedings, the remedy is offered by art. 8 of the Italian Divorce Law. In this case, the Court that orders civil effect dissolution of the marriage is able to force the spouse to provide a guarantee for the payment of child support. However, this occurs only in the event there is the danger that the spouse will fail to pay the child support. The advantages connected to this solution are:
– This remedy can be achieved without the official request to the Judge;
– The remedy is able to prevent the future breach of the child support duty
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