Child support for adult children: amounts already paid are not refundable

The Court of Cassation, with order no. 10974 of 26 April 2023, reaffirmed a fundamental principle in family law: the sums paid as maintenance for a non-economically self-sufficient adult child are not subject to restitution, even in the event of subsequent revocation or reduction of the allowance.studiolegaletruzzi.it

The alimony nature of maintenance payments

Maintenance payments have a substantially alimony function, intended to guarantee the sustenance of a child who is not yet self-sufficient. For this reason, jurisprudence has consistently stated that such payments are unseizable, non-compensable and unrecoverable. This means that, once paid, the sums cannot be requested back, even if a subsequent judicial order modifies or revokes the maintenance obligation.Divorce lawyer

The effective date of the changes and the non-repeatability of the sums

The Court clarified that, although changes to the conditions of separation or divorce may have retroactive effect from the date of the application, the sums already paid are not recoverable. This principle is based on the presumption that the sums were used to meet the child's essential needs and, therefore, cannot be returned.

Exceptions to the principle of unrepeatability

However, case law has identified some exceptions to this principle. In particular, the United Sections of the Court of Cassation, with ruling no. 32914 of 8 November 2022, established that the restitution of the sums paid can be requested when:

The beneficiary received the sums in bad faith, that is, he was aware or should have been aware of the subsequent non-existence of the right to maintenance.

The sums were paid without valid justification, for example because the child had already achieved financial independence.

In such cases, the obligated parent may act for the recovery of the undue amount pursuant to art. 2033 of the Civil Code, requesting the return of the sums unduly paid.

Conclusions

In summary, the general principle established by the Court of Cassation is that the sums paid as maintenance for a non-self-sufficient adult child are not subject to restitution, even in the event of subsequent revocation or reduction of the allowance. However, in the presence of bad faith on the part of the beneficiary or lack of right to maintenance, it is possible to request the restitution of the sums paid unduly.