Child Support (Maintenance Payments)

Child Support (Maintenance Payments) -

Marriages between Italian and Australian citizens are very common, and unfortunately, separation and divorce are also common.

It is therefore very common to have to determine which law applies to marriages between citizens of different countries.

It is possible that one spouse lives in Australia and the other in Italy, and the divorce proceedings are initiated in Australia. Even if the divorce proceedings are pending before the Australian court, the Australian judge may nevertheless be required to apply Italian law or be familiar with it.

It may therefore be helpful to share some Italian divorce decisions that may be helpful in managing your case.

Let's now look at the decision that establishes the parameters for quantifying child support for minor children.

In determining the amount of child support to be paid by the parents, the judge must consider, as a parameter for quantification, the children's increased needs and the standard of living they enjoyed while living together.

This principle was recently reaffirmed by the Court of Cassation with Order No. 25534 of September 17, 2025.

According to the Court of Cassation:

a) Article 337-ter, paragraph 4 of the Civil Code provides, in particular, that unless otherwise agreed upon by the parties, each parent shall provide child support in proportion to their income;

b) The judge shall, where necessary, establish periodic maintenance payments in order to implement the principle of proportionality, to be determined by considering:

1) the child's current needs;

2) the child's standard of living while living with both parents;

3) the length of time spent with each parent;

4) the economic resources of both parents;

5) the economic significance of the domestic and caregiving duties undertaken by each parent;

c) the judges of the Territorial Court of Appeal correctly and thoroughly considered the burdened individual's situation regarding his ability to work and ruled out, based on a factual assessment, that the appellant was in extreme poverty through no fault of his own or due to culpable inertia, or was in a concrete state of inability to provide for the children he is legally required to support;

d) from this perspective, they emphasized that he did not suffer from any pathologies that would render him incapable of working and that he possessed the potential working capacity per se sufficient for the purposes of the obligation pursuant to Articles 316 bis and 337 ter of the Civil Code, as well as Article 30 of the Constitution, as evidenced by his demonstrated commitment to work activities "even in areas inter se distantibus";

e) With regard to the amount, the District Court correctly held that the contribution of €200.00 for each child represents the minimum threshold to meet the needs, based on their age, which have increased since the separation agreement was signed, given that both minors are in their teens;

f) Furthermore, the increased needs of the children in relation to their age constitute a well-known fact that does not require specific proof and in itself legitimates the review even in the absence of any improvement in the financial situation of the parent required to contribute.