News Supreme Court rulings September 2013

Parental duty to support children who have attained the age of majority.
The Supreme Court in ruling no. 20137 of Sept. 3, 2013, ruled that the parent recognized as the natural father by the court, following the action taken by his daughter, who is now of age, has a duty to support her even if she is financially self-sufficient. In fact, the Justices of legitimacy have specified that the natural father must pay a monthly fee to his daughter as maintenance and thatthis fee must be quantified taking into account the natural father’s economic possibilities and the loss of chance that the daughter would have suffered as a result of not being part of a particularly affluent family environment.

No to DNA investigation without the son’s knowledge

The Supreme Court in its September 13, 2013 ruling no. 21014 ruled that a father who intends to take the action to disavow paternity may not rely, in advance, on a detective agency in order to have his child’s DNA analyzed. The Supreme Court, in fact, clarified that in the action for disavowal of paternity, the dna investigation can be carried out during the course of the trial, and that any unjustified refusal of the person concerned to undergo the aforementioned examination constitutes conduct of undoubted significance that will be evaluated by the judge.

Personal separation of spouses with charges

In a judgment dated August 26, 2013 no. 19555 the Supreme Court clarified that the withdrawal of maintenance allowance paid to a separated spouse who has entered into a new romantic relationship can be ordered only if the said relationship is found to be established. The Justices of Legitimacy pointed out, in fact, that the income of the new partner cannot be taken into account where the relationship is not marked by the characteristics of “stability, continuity and regularity and, therefore, such as to reasonably suggest the formation of a de facto family.”