When Mom and Dad are divided, often our thoughts go to the children and how to limit their pain. End a couple relationship without conflict is possible, for the good of children. Beyond the psychological tools and the pathways, so this event is metabolized with serenity, there are important basics that you have to consider - especially from the practical point of view. We asked a few questions about child support to Barbara Costantini, civil lawyer, which practices in Rome dealing mainly with family law, government support and real executions.
Children grow and expenses as well, and the child support?
It is always susceptible to revision, owing to changes in their parents' economic capacity and because of the growing needs of the children. The costs increase with age of the children.
Shall you pay the allowance for the child even if he does not live with the assigned parent for a time?
Sure. The child support allowance is calculated monthly and must be paid for the entire year; it is a lump sum to pay even when the child does not live for a time with the assigned parent, for example during the holiday period with the other parent.
A gift could be an alternative?
No. The maintenance has always had and a gift, as expensive, can not be considered an alternative. It is a gesture of generosity and should remain so.
How the law intervenes for those below the poverty threshold?
Each parent is obligated to child support in proportion to the income. In case of unemployed parent, the judge will assess the "economic capacity", setting a sum in respect of maintenance, if he thinks the parent can produce income. In case they have not sufficient means, ascenders will be required to provide the parent with the necessary means to fulfill the obligation. The 2016 Stability Law introduced the "solidarity fund for the protection of the spouse in need".
You can request the return of contributions paid to the former spouse for their children?
Yes but only if it is not the amount due. We must distinguish the cases. The Supreme Court has recognized the right to return, where the son had become economically self-sufficient and has continued to benefit from the check. However, it should be refunded only the amount paid after achieving self-sufficiency.