Particle.news

Download on the App Store

Italian Supreme Court Sends Child Support Case Back for Income-Based Reassessment

The ruling requires fresh proportionality checks under Article 337-ter after a father's income fell to €1,400 per month.

Image
Image

Overview

  • On July 16–17 the Corte di Cassazione ruled that the Bologna Court of Appeal ignored the statutory proportionality principle and ordered a new hearing to recalculate maintenance.
  • The high court held that child support must align with each parent’s actual income and be fair and sustainable rather than punitive.
  • The decision clarifies that voluntary income reductions, such as a parent’s job change for greater stability, do not preclude maintenance adjustments.
  • Article 337-ter of the Civil Code mandates that maintenance contributions reflect both parents’ real-time earnings and the child's needs.
  • Legal observers say the ordinance may prompt more frequent reviews of support orders and reshape family law precedents on maintenance revisions.