Il duty of maintenance of children falls on both parents in a mandatory manner and does not automatically end when they turn 18. Coming of age is certainly an important milestone and in fact even the determination of maintenance allowance undergoes changes, since children must meet additional requirements to still have this right, but it does not necessarily mark the end.
Furthermore, there is certainly no maximum age for having children, therefore it is extremely easy for the perception of the maintenance allowance to overlap with that of the parents’ pension, both for minor children and for adults. At the same time, Article 38 of the Constitution requires that pensioners are guaranteed the means to live with dignity.
Let’s see how these rights are combined according to the law, but also what the duties of contributing to the family needs of children living with retired parents are and when the children must be supported with the pension.
Should the children be supported with the pension?
Regarding the duty of child support on the part of retired parents, ordinance no. is emblematic. 4801/2018 of the Court of Cassation, which establishes that the principle of social solidarity it must be balanced with child support. The right to a pension and a dignified life even in the event of inability to work does not exclude the duty of maintenance, just as the latter cannot reduce the parent to poverty.
Therefore, even with the pension the children must be supported, assuming they are entitled to maintenance. The fact that the parents are retired does not change their parental duties in any way, nor does it change at all the criteria for determining the maintenance allowance.
The requirements for children to be entitled to the contribution, in fact, are completely independent of the economic conditions of the parents. The latter, however, obviously influence the amount of the allowance, which must also be compatible with their needs.
Specifically, they have right to maintenance:
- Minor children;
- children with serious handicaps;
- adult children who are not economically self-sufficient and innocent, engaged in the search for independence.
Is the maintenance allowance reduced with retirement?
The amount of the maintenance allowance is used to cover all the needs of the children, not only the primary ones (such as food and housing), but also the secondary and complementary ones (such as personal care, education, sociality). The calculation of the maintenance allowance therefore has as its criterion the economic possibilities of each obligor.
The amount of maintenance, in fact, is not assessed overall between the two parents, but each of them is required to contribute to it massimo permitted by your finances. The maintenance received by the children, therefore, must be proportional to economic possibilities of parents.
Consequently, parental retirement may or may not vary in amount, depending on how much the parent’s overall economic circumstances change.
Children living with retired parents
Children, even when they have right to maintenance, are required to collaborate with family needs. To do this, in fact, it is not necessary to help financially, but it is also possible to fulfill the obligations family needs differently (collaborating with household chores, accompanying parents on visits, taking care of children and so on).
The same duty also falls on children not entitled to maintenance they live with their parents, as everyone must contribute according to their possibilities to the needs of the family. Therefore, it may happen that retired parents contribute financially while their cohabiting children do so in other ways, for example if they have lost their job.
Another thing, then, are the foods. This bond serves exclusively to primary needs of family members who are in need and the closest family members (even if not cohabiting) are called upon to take care of them, with a strict order of priority. In fact, it is much more likely that children will have to pay child support to their retired parents than the other way around.
2023-12-26 14:08:00
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