Introduction to Child Support after Marital Dissolution in Italy

Abstract

This paper, presented at the “International Trends on Child Support after Divorce” symposium held at Kyungpook National University Law School (Daegu, South Korea) on 13th-15th January 2012, aims to provide a general overview on child support after marital dissolution in Italy, to those who wish to have a general knowledge about the topic. To allow a more deep understanding of the matter, the first part of the paper deals with a brief introduction to the Italian legal system and family law system. An outline of history of Italian family law is provided as well as a short summary regarding the family in the Constitution and in the Civil Code. The second part concerns the crisis of the family and gives an overview on current conflicts resolution on family affairs, separation and divorce in Italy. In the third section the child support system is explained in more details. According to the Italian system, in the case of separation, divorce or factual separation of natural parents, minors have the right to keep a balanced and continuous relation with both parents, to receive care, formation and education from both, and to keep a significant relation with ascendants and relatives. In order to enable this, the judge decides on the basis of moral and material interests of the child and specifies the amount of time that the child shall spend with each parent, conditions attaching to such periods, and the manner and extent of each parent’s contribution to the child’s maintenance, care, education and training. Each parent, except in cases in which parents have signed an agreement that provides otherwise, supports the children in proportion to his/her income and in order to fulfill the obligation of child support, the judge, if it is necessary, fixes the payment of periodic payments, taking into consideration: the present needs of the child; the standard of living of that the child enjoyed when he or she was living with the parents; the time that the child shall spend with each parent; both parents’ means; the economic value of domestic and care duties fulfilled by each parents. The duty of support terminates when the child reaches both the age of majority and financial independence. In fact, periodic payments are provided also for children who have reached major age but who are not independent economically. The system grants also for several measures to secure the performance of child support that are briefly explained in the last part of section III. The conclusion part deals with the future challenges concerning child support in Italy.