Meals: in order to stop paying, the father must prove that the child has achieved economic independence.
When should childcare be discontinued? The parent who is interested in the cancellation of the maintenance obligation is required to prove that the child has achieved economic independence or that the failure of an income-producing activity (or the failure to complete studies) depends on an attitude of inaction. of. or unjustified refusal of the same. These are the explanations that the case law has provided several times. But let’s go ahead and look in order how to reduce the allowance for an adult child. As we shall soon see, revocation is always up to the judges: that is to say, the parent (for instance the father) cannot interrupt the payment of the sums involved on his own initiative.
How is childcare calculated?
The obligation to support adult children is enshrined in art. 337 of the Civil Code, the rule applicable to divorces, divorces and births out of wedlock.
The parameters that the judge must consider in order to quantify the maintenance allowance for the parents are:
- the standard of living of the parents: the higher the maintenance, the greater the maintenance;
- do Proportionalityin relation to the age of the beneficiary;
- the valuation of Training chosen by the boy and his completion;
- Verification of all non-strenuous behaviors of the child.
How long is the support for the adult child?
The small child always has the right to maintenance. The adult child, on the other hand, is alone until he can support himself. This does not mean, however, that a persistent unemployment situation makes it possible to receive maintenance “for life”: the child still has to work hard to finish school or, alternatively, look for work. He can refuse job opportunities for no valid reason, even if not perfectly in line with his own ambitions. That is, he must know how to be satisfied.
The older one is, 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 case law, when a child reaches the age of 30, he loses the right to maintenance forever.
The right to maintenance also ends in the presence of a fixed job, which is renewed annually: what matters, according to the Supreme Court, is not so much the nature of the contract (whether permanent or temporary), but the adequacy from the job found to the aspirations and professionalism that the adult child receives. For example, the medical specialist who, in order to support himself in his studies, does a job as a waiter, does not lose the right to maintenance, because this profession does not correspond to the path taken. The lawyer trainee, who, while taking over the title, works in a call center, is still entitled to alimony. However, he loses it as soon as he reaches the title, even though he still has few customers: he actually has the Ability to generate potential income and that is, as far as the law is concerned, not so much the measure of income itself.
Duties of child support
Recent case law has emphasized the importance of the concept of the child’s self – responsibility, which, in addition to the right to maintenance, also has a duty to act in order to ensure that this is not unfair to the parent.
The child’s right to maintenance, even after reaching the majority age, does not exclude his or her duty to become economically autonomous as soon as possible, to make a profit by engaging in studies or vocational training and to take action when completed , to find. an employment appropriate to his skills and specialization, as well as compatible with the real possibilities of the labor market. However, it is also true that it is the duty of the parents to draw as much attention as possible to the natural inclinations and aspirations of the child, in order to orient his education according to his interests and to seek employment that suits him. . social level and cultural, including through the management of the economic means necessary for this purpose, without forcing him to accept unwanted solutions.
If the right to maintenance ceases
The obligation to support children first ceases when they have one Earn enough to support yourself, regardless of the standard of living to which they were accustomed while still living or supported by their parents. Thus, the son of a wealthy entrepreneur loses his subsistence if he gets a part-time job of nearly a thousand euros a month.
The next one Job loss it does not restore the right to maintenance, which, once discontinued, will never be revived.
The right to maintenance also ceases if the child, at the age of majority, he does not want to study or look for workthus more unemployment remains from laziness than from lack of opportunities.
Another reason for the cancellation of the right to maintenance is the unjustified waiver of employment opportunities although in accordance with the education of the young man: the high ambitions of these do not recognize.
Similarly, the right to maintenance does not come up again in the case of Dismissal of work.
The maintenance persists even during the State of unemployment unless it is shown that it depends on the tolerability of the young person. But unemployment, which continues after 30/35 years, is a symptom of a lazy attitude: therefore, an absolute precondition is triggered that no longer allows young people to claim alimony from their parents.
The importance of age is underlined by multiple legitimacy judgments which confirm the principle of inverse proportionality, according to which the progressively higher age of the beneficiary is accompanied, tending in the consent of the other conditions, to the loss of the right to maintenance. . An age limit for maintenance does not exist, but it can be in reality when situations extend beyond any measure. The adult who is no longer responsible for maintenance may, if the conditions are met, take action against the parents to obtain maintenance money.
How to reduce the allowance for an adult child?
As we said at the beginning, in order to interrupt the maintenance of the child, a court order is required, which changes the previous sentence, by which the amount of the maintenance fee paid each month was ordered.
The burden of proving that the child can support himself / herself lies with the obligatory parent.
The jurisprudence has made a differentiation, placing the burden of proof on the parents until the child has completed the cycle of studies or education and placing an inversion of the burden of proof when the studies are completed. In the latter case, it is the child who must show that he or she has actually worked to become autonomous, and is committed to finding a job based on the opportunities offered by the labor market.