Maintenance for wife and child
Italian law provides for an obligation of maintenance on both parents, aimed at ensuring the well-being and support of minors.
This article will explore the methods for determining the maintenance allowance for children and for the spouse, also addressing issues relating to foreigners residing in Italy and to maintenance for wife and child abroad.
Maintenance allowance for the wife and the child
The judge determines the amount of the maintenance allowance for children on the basis of multiple factors, including the parents‘ income, the needs of the minor and the standard of living the offspring enjoyed before the marital crisis arose.
It is important to note that maintenance is an institution intended to cover ordinary and daily expenses, as well as the health and education of minor children. It should be noted that for adult children, maintenance can continue until the conclusion of their studies, or until they reach a position of economic independence, where the child is dedicating themselves to a course of training.
Where the marital relationship between spouses breaks down, the maintenance of the wife and the child can be requested by the parent who has custody, whether sole or shared. The law provides that the maintenance allowance can also be modified, increased or reduced, on the basis of the natural change in the circumstances on which it is based, as well as in the economic conditions of the parties involved.
It thus becomes necessary to involve a law firm experienced in the matter, such as Boschetti Studio Legale, that can follow your case, in order to formalise such patrimonial circumstances in a written agreement, as well as the methods of payment, or that can represent your needs in this regard before the court.
Alimony and maintenance owed by a person residing abroad
When one of the two parents resides abroad, the question of maintenance for a child can become complicated. Italian law provides that the obligation of maintenance does not cease in such circumstances. Therefore, the parent residing abroad is required to contribute to the maintenance and needs of the children, even if they live in another country.
In this case, it is essential that the maintenance allowance for the foreign spouse and for the children be established in compliance with Italian laws and, if necessary, with the regulations of the country of residence of the parent.
To obtain adequate protection of the rights of minors, the parent who lives in Italy can turn to a lawyer for matters of private international law, so that respect for the maintenance agreements is also guaranteed abroad. Where there is non-compliance, Boschetti Studio Legale can start legal actions, including for the recovery of the sums due, also following the procedures provided by the Hague Convention.
Maintenance of children and/or wife abroad
When speaking of maintenance of children and/or the wife abroad, the legal situation is not easily resolved, having to balance the rules of several legislations.
Indeed, for the foreign spouse, maintenance will have to be established according to the laws of the country of residence, but it will be necessary to ensure that such provisions are consistent with the principles of Italian law. The maintenance allowance for the foreign spouse must reflect the economic needs of the family, considering the cost of living in the country in which the beneficiaries are located.
Boschetti Studio Legale supports you with its team of lawyers and is ready to handle disputes relating to your maintenance abroad. Indeed, turning to a law firm for matters of international family law is essential so that the members of your family can receive proper protection, especially the most fragile subjects such as minors.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.
Registering a cohabitation agreement and regularising the status of a foreign partner
A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.
Adult adoption to legally recognise a de facto family relationship
A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.
Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights
An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.
Adoption in Colombia: an Italian couple fulfils their dream after a three year journey
A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.
Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland
An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.
Adult adoption of a partner’s child: legal recognition of a twenty year family bond
A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.
Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs
Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.
Succession planning for a family business: transferring a €3 million business to the next generation
A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.
International adoption by a single parent: when the law opens a path few people know exists
A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.
Digital inheritance: recovering cryptocurrencies and digital assets after death
A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.
Legal name change for a transgender person: aligning official documents with gender identity
A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.
Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity
A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.
How we can help you
Facing delicate questions linked to maintenance for wife and child abroad, or to maintenance of the spouse, can be a difficult task, especially in international contexts.
Boschetti Studio Legale has on its team lawyers with significant field experience in international family law, and can offer you high-quality advice with high competence, to help you handle all the economic issues linked to the crisis of the marital relationship.
If you need simple information, or wish to rely on a lawyer for matters concerning family law and your right to a maintenance allowance, Boschetti Studio Legale will make you feel safe in the hands of its professionals.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
This form is reserved for those who need legal assistance on a concrete situation. We do not provide free advice nor answers to generic queries by email. If you have a case that requires professional assessment, fill in the form: we will contact you back for a first exploratory meeting.
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How much must a father give for the maintenance of a child?
For the maintenance of a child, the amount that a father must pay depends on several factors, including the income of both parents, the needs of the minor and the standard of living enjoyed before the marital separation. There is no fixed sum, since the judge assesses each situation case by case and individually. The aim is to ensure the well-being of the minor, covering their needs for food, health, education.
What is the minimum maintenance for children?
There is no minimum maintenance for children established by law. The amount is determined by the judge on a case-by-case basis depending on the specific factual circumstances, considering the parents' income, the needs of the minor and the living conditions the child enjoyed before the separation.
When is maintenance of children mandatory?
The maintenance of children is mandatory in the case of separation, divorce, cessation of cohabitation between the parents. Both parents are required to contribute to the support of the children (minor and adult), depending on their economic resources. This obligation concerns all the expenses necessary to ensure the well-being of the minor, including food, lodging, education and medical care.
How does maintenance of children work?
Maintenance of children entails the obligation for both parents to contribute to the support of minor children, taking on responsibility for the expenses relating to their growth, as well as for their well-being. In case of separation, a maintenance allowance is established through an agreement or a judgment of the court. This amount covers everyday needs, such as food, health and education. The sum can be reviewed over time on the basis of changes in the parents' economic conditions or in the child's needs.
How much does a lawyer cost for the maintenance of children?
The cost of a lawyer for a maintenance of children case varies depending on the complexity of the case and the duration of the proceeding. Tariffs can be contained if referring to an initial consultation and increase in the case of bringing judicial proceedings before a court. It is advisable to request a detailed estimate to be aware of the costs linked to the legal management of the case.
How much maintenance is due to the wife and children?
The amount of maintenance for the wife and children is not determined in a standard amount, since each case is personalised on the basis of the circumstances of the case. The amount of maintenance for wife and children depends on factors such as the income of the obligated parent, the financial needs of the family and the standard of living enjoyed during the marriage.
When is maintenance not given to the wife?
Maintenance to the wife is not due in some cases, such as when she has her own income sufficient for her support, or when she is potentially capable of achieving economic independence, or when she has started a new cohabitation. Moreover, if the separation is the consequence of inappropriate conduct, as in the case of domestic violence, the judge can decide not to grant the allowance. Each situation is assessed individually, taking into account the specific factual circumstances.
When must the mother give maintenance to the children?
The mother must give maintenance to the children when she does not live with them, or in the case of separation or divorce. The maintenance obligation is reciprocal between both parents and is provided for in favour of minor and adult children. On the basis of her own economic capacities, she too is required to contribute to the support of the daily expenses arising from the children's needs, such as food, lodging, education, medical care.
