Food: to stop paying, the father must prove that the child has achieved economic independence.
When to stop child support? The parent interested in the extinction of the maintenance obligation must prove that the child has achieved financial independence or that the lack of execution of a productive activity (or the lack of completion of studies) depends on an attitude of inaction. or unjustified denial thereof. These are the clarifications provided several times by the jurisprudence. But we proceed in order and we shall see how to revoke the diet for an adult child. As we shall see shortly, revocation always depends on the judge: that is, the parent (e.g. the father) cannot interrupt on his own initiative the payment of the sums in question.
How is child support calculated?
The obligation to support adult children is enshrined in Art. 337 septies of the Civil Code, rule applicable to separations, divorces and out-of-wedlock births.
The parameters that the judge must take into account to quantify the diet for the parent are:
- the standard of living of the parents: the higher it is, the greater the maintenance;
- there proportionalityin relation to the age of the beneficiary;
- the evaluation of formation chosen by the child and its realization;
- verification of any negligent conduct of the minor.
How long does support for the adult child last?
The youngest child is always entitled to child support. The adult child, on the other hand, is alone until he is able to hold on. But this does not mean that a state of persistent unemployment allows for a “lifetime” alimony: the child still has a lot of work to do to finish school or, alternatively, look for work. He cannot reject, without a justified reason, job opportunities, even if they are not perfectly in line with his own ambitions. That is, he must know how to be satisfied.
The older the age, the more it is assumed that the state of unemployment depends on the inertia of the young person and not on the lack of opportunities. Thus, according to jurisprudence, once the child reaches the age of 30, he loses the right to maintenance forever.
The right to maintenance is extinguished even in the presence of a fixed-term job, renewed annually: what matters, according to the Supreme Court, is not so much the nature of the contract (whether indefinite or temporary) but the adequacy of the employment found. to the aspirations and professionalism acquired by the adult child. For example, the specialist doctor who, in order to stay in his studies, does a job as a waiter, does not lose the right to maintenance as this occupation does not fit the path followed. The trainee lawyer who, while waiting to obtain the degree, works in a call center continues to be entitled to alimony. However, he loses them as soon as he wins the title, although he still has few clients: in fact he has reached the potential ability to produce income and that is what the law is about, not so much the measure of income itself.
Obligations of the child receiving child support
More recent jurisprudence has emphasized the importance of the concept of self-responsibility of the child, who, in addition to the right to support, has a duty to act so that the latter is not unjustly burdensome for the parent.
The right to child support, even after coming of age, does not exclude their duty to work to become financially independent as soon as possible, obtaining benefits by carrying out studies or vocational training and acting, a once completed, to find a job suitable for the abilities and specialization of each person, as well as compatible with the real opportunities offered by the labor market. It is also true, however, that it is the duty of parents to satisfy, as far as possible, the child’s natural inclinations and aspirations, enabling him to orient his education according to his interests and to seek a suitable job for his children. . at the social and cultural level, also through the administration of the economic means necessary for this purpose, without forcing it to accept unwanted solutions.
When the right to maintenance ceases
The obligation to support children ceases first when they reach aa sufficient income to be able to stay, regardless of the standard of living to which they were accustomed when they were still living with or supported by their parents. Thus, the son of a wealthy businessman loses his living if he gets a part-time job of just under a thousand euros a month.
The next job loss it does not revive the right to maintenance which, once ceased, never resurrects.
The right to maintenance is also extinguished when the child, having reached the age of majority, he does not want to study or worry about looking for workthus being unemployed more out of laziness than out of lack of opportunities.
Another cause of extinction of the right to maintenance is the unjustified waiver of job opportunities although according to the training of the young man: the higher ambitions of these do not detect.
Similarly, the right to maintenance does not reappear in the event of resignation.
Maintenance persists even during the unemployment status unless it is shown to depend on the inertia of the young man. But unemployment that continues after 30/35 years is a symptom of a lazy attitude: therefore an absolute presumption is triggered that no longer allows the young person to claim alimony from their parents.
The importance of age is underlined by multiple judgments of legitimacy, which affirm the principle of inverse proportionality, according to which the progressively higher age of the beneficiary is accompanied, in a tendency and in concurrence of the other conditions, the loss of the right to obtain food. . There is no age limit for maintenance, but it can actually be when situations extend beyond all measure. The adult who is no longer responsible for child support can, if the conditions are met, take action against the parent to obtain alimony.
How to revoke an adult child support allowance?
As we said at the beginning, to suspend child support requires a provision of a judge to amend the previous sentence ordering the amount of alimony to be paid monthly.
The burden of proving that the child can stand on his own lies with the obligated parent.
The jurisprudence has carried out a differentiation, imposing the burden of proof on the parent until the child has completed the planned cycle of studies or training and placing an inversion of the burden of proof at the end of the studies. In the latter case, it is the child who has to show that he or she has really worked to become self-employed, committing to finding a job based on the opportunities that the job market really offers.