ITALY Law and Practice Contributed by: Carlo Rimini and Rebecca Andrello, Studio dell’avv. prof. Carlo Rimini
Duration In Italy, parents are obliged to support their chil - dren even if they are older than 18 years old but not economically independent. If the child is of age and not independent but is not diligently looking for a job or not actively studying, the judge can revoke support in said child’s favour. If the children are older than 18 years old but do not live with their parents, maintenance can be paid directly to the children. Children can apply for financial provisions them - selves after they reach the age of 18. If one of the parents is still living with the child, the parent can continue to ask for child support as well. 3.3 Other Matters Each parent can ask for the intervention of the judge when they have opposing views on specif - ic issues (schooling, medical treatment, religion, holidays, etc) and are not able to make a shared decision. The judge has the power to make orders, with which the parents have to comply. The decisions of the judge are made with the best interest of the child as a priority; the judge can ask for the help of a consultant (ie, psy - chologist or doctor) if necessary. The judge’s decision is discretionary, but there are some general orientations in case law that must be considered. By way of example, public school is preferred over private school if there is disagree - ment between parents. To solve parental responsibility disputes, the judge may inform the parents that they can be assisted by a mediator; the parties may also jointly ask the judge to appoint an expert (eg, parenting co-ordinator). These professionals are intended to help the parties in making decisions, reducing conflict and complying with the court order, focusing on the children’s best interest. If
can agree to this and such an agreement will be accepted by the judge. There is no calculator or table indicating the amount of child maintenance; the amount is determined at the judge’s discretion. Neverthe - less, the judge must consider the following cri - teria: • the children’s needs; • the standard of living enjoyed by the children while living with both parents; • the time spent with each parent; • the financial situation of both parents (taking into account the parties’ disclosure of assets and the investigation made during the pro - ceedings); and • the financial value of the domestic and car - egiver duties carried out by each parent. It is always possible to modify the amount of child maintenance if new circumstances occur (concerning either the parents or the children). Extra costs In addition to child maintenance, the parents are supposed to share extra costs for the chil - dren that are not included in the monthly paid maintenance. In Italy, many courts have adopted their own protocols determining which costs are included within child support and which costs are excluded. Generally speaking, extra costs not included in the monthly payment are school fees, medical expenses, and sports and travel costs (ie, the costs that are relevant, not fore - seeable and not part of the daily maintenance of a child). These costs should be agreed between the par - ents beforehand and then divided between them proportionally (the judge sets a certain percent - age for each parent).
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