“Do not exceed child benefit beyond the threshold of thirty years”

Sabine Azma, ric Berger and Andr Dussollier in the 2001 film Tanguy

The obRequirements of the separate parent to provide for the offspring should be set with official, national and European statistics, can not exceed the maximum threshold of 30 yearsand from which the unemployment of the adult child can no longer be considered as an element for maintenance purposes. a passage from the sentence of separation between two spouses of the court of Rovigo, which therefore precluded a pensioner from continuing to pay his ex-wife an allowance for the maintenance of one of the two daughters, the only one who does not yet have a stable job. And it does so by putting pen to paper on an age limit beyond which it is appropriate to take the child seriously consider putting your own ambitions on the page and find any job he does independently of mom and dad’s allowance.

He needs to find a job

In the case, which was investigated by the Polesano court, the woman asked the judge to oblige her ex-husband to pay 1,200 euros a month for the maintenance of herself and her daughters. At this last point, the magistrates answered Spades. The child who has reached old age has the right to support paid by his parents only if he, after completing the chosen schooling, proves that he has worked effectively to become economically autonomous, and himself engaged. to find active employment on the basis of the real opportunities offered of the labor market, the precondition that the sentence states. Which then explains how, in the case of the girl, it is necessary to reflect on the adult child’s self-responsibility obligation, which can not maintain the continuation of the obligation beyond reasonable time and measure limits. Hence the reference to the age limit of thirtywhich the daughter of the newly divorced recently completed.

No disability disease

Diploma as a hairdresser 8 years ago, since then he has had different professional experiencewhich in a few months even came to an end with his resignation due to a problem of bacterial sinusitis used by various products in the hairdressing salons. The judge answers that sinusitis certainly can not be considered a disease disabling or an obstacle to the performance of the paid work, the thirty-year-old is therefore unable to work, still a disability and is now at an age for which in light of the completion of their studies and various experiences mature, it can well be said to have an autonomous work capacity. Translated: she has to find a stable job, even if it means saying goodbye to her dream of becoming a hairdresser.

Not mandatory

Not the first time that courts have tried to set boundaries anti-large babies. Last year, the Supreme Court revoked the annuity paid to a thirty-two-year-old on the basis of the principle of self-responsibility, which requires the child not to abuse the right of the parent over a reasonable period of time. and measurement limits to be maintained. . Even before that, it was the court of Milan that tried to determine the age at which young people should dress: in that case, over the threshold of 34 years. Rovigo – strengthened by the address dictated by the Supreme Court – is going down again. In the past, the principle has been that children should be kept until they have found a stable job that suits their education, explains Enrica Zenato, of the Italian Association of Lawyers for the Family and Minors (Aiaf). Recently, there has been a change of direction in the courts, which aims to hold our young people to account. But let’s be clear: the age limit, like the thirty years quoted by the Rovigo sentence, not obligatory but only one of the factors that the judges who have to sentence to a separation must take into account when evaluating the task or not the maintenance. It is important that the child does everything possible to become independent, not to burden the parents anymore. Even if it has to mean at some point in life that one is temporarily putting one’s own side on the page Ambitions and adapt to do a job other than per which he feels more prepared.

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30 April 2022 (change 30 April 2022 | 07:36)


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