Understanding Maintenance for Adult Children: What Need to Know

When most people think of child support, they tend to think of it as a way for separated or divorced parents to provide financial support for their minor children. However, what happens when those children reach the age of majority? In Italy, it is possible for a parent to request maintenance for their adult children if they are still in school, unemployed, or have a disability that prevents them from being self-sufficient.

At Studio Boero, we understand that the process of seeking maintenance for adult children can be a complex and emotional one. In this article, we will explore what maintenance for adult children entails, who is eligible to receive it, and what steps you can take to ensure that your child receives the support they need.

What is maintenance for adult children?

Maintenance for adult children, also known as "mantenimento figlio maggiorenne," is a form of financial support that can be provided by one parent to their adult child. In Italy, the obligation to provide maintenance for adult children is based on the principle of "solidarity" between family members, and is enshrined in the Italian Civil Code.

Who is eligible to receive maintenance for adult children?

Not all adult children are eligible to receive maintenance from their parents. In order to qualify for maintenance, the child must meet certain criteria. Specifically, they must be:

Under the age of 26 and enrolled in a degree program or equivalent educational program

Unable to work due to a disability

Unemployed and actively seeking work

In need of support due to "serious and exceptional circumstances"

If your adult child meets any of these criteria, they may be eligible to receive maintenance from you or their other parent.

How is the amount of maintenance determined?

The amount of maintenance that must be paid to an adult child is determined on a case-by-case basis. There are a number of factors that may be taken into account when determining the appropriate amount, including:

The income of the parent who will be paying maintenance

The income of the child (if any)

The needs of the child, including their education, housing, and other expenses

The financial situation of both parents

In general, the amount of maintenance that must be paid should be proportional to the needs of the child and the ability of the parent to pay.

What steps can you take to ensure that your child receives the support they need?

If you believe that your adult child is eligible to receive maintenance from you or their other parent, there are a number of steps you can take to ensure that they receive the support they need. These may include:

Seeking the assistance of a family lawyer who specializes in maintenance for adult children

Negotiating with your child's other parent to come to an agreement on the amount of maintenance that should be paid

Filing a request for maintenance with the appropriate court

Providing documentation and evidence to support your child's need for maintenance

Ensuring that you continue to pay maintenance as required by law

Conclusion:

At Studio Boero, we understand that the process of seeking maintenance for adult children can be complex and emotionally challenging. However, we also believe that it is important to ensure that children receive the support they need to become self-sufficient and successful adults. If you believe that your adult child is eligible for maintenance, we encourage you to contact us to schedule a consultation. We can help you understand your legal rights and obligations, and work with you to ensure that your child receives the support they need.