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.