MAINTENANCE ALLOWANCE FOR ADULT CHILDREN
- Posted by Massimo Mellaro
- On
Is it possible to pay the maintenance allowance directly to one’s adult child that lives with the separated spouse?
The maintenance allowance is due because of the solidarity bond existing between the two ex spouses; it is bound up with the moral and material assistance the two spouses owe to the family in general and to the children, in particular, if there are any. Even when a conjugal relationship comes to an end, the duty to contribute to the family needs will still exist. In fact, the law protects the higher interest connected to the children’s wellbeing and growth. The duty towards the children exists until the children become autonomous and self-sufficient, so this duty will go on existing even when the children come of age and will only cease when the children are able to deal with their needs independently.
There will be no obligation to pay the allowance if the child is not independent due to deliberate fault.
The obligation to pay the maintenance allowance may be cancelled only after a judicial proceeding or after such an agreement has been reached with the other spouse. Under no circumstance can the payment be suspended independently.
In the event that the child is of age and cohabiting with the ex spouse, the maintenance allowance will still have to be paid to the former spouse and not to the child, unless a specific request has been filed by the adult child and granted before the competent Court.
The Supreme Court has stated that the parent that has to pay the allowance cannot choose whether to pay the maintenance to the ex spouse or to the adult child, if the maintenance was originally payable only to the ex spouse. For permission to pay the allowance to the child, one must file a specific request with the Court. In fact, until otherwise decided by the Judge, the child has the right to the maintenance, but the former spouse has the right to receive it from the other parent.
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