Best Child Support Lawyers in Sanremo

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Rovere & Michelis - Studio Legale

Rovere & Michelis - Studio Legale

Sanremo, Italy

Founded in 2008
English
Rovere & Michelis - Studio Legale e Tributario, established in 2008 by attorneys Tiziana Rovere and Alberto Michelis, is a dynamic, multidisciplinary law firm based in Sanremo, Italy. The firm offers comprehensive legal services in civil, criminal, and tax law, with a particular focus on...
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About Child Support Law in Sanremo, Italy

Child support (“mantenimento dei figli”) in Sanremo, as in the rest of Italy, is governed by both national and local regulations designed to protect the welfare of children when parents are separated, divorced, or unmarried. The law ensures that both parents contribute financially to their child’s upbringing, regardless of their marital status. The amount and manner of child support are determined based on the child’s needs and the financial circumstances of both parents. The local family courts (“Tribunale Ordinario” or “Tribunale dei Minorenni”) play a key role in establishing, enforcing, and modifying child support arrangements.

Why You May Need a Lawyer

Navigating child support issues can be complex and emotionally challenging. People often seek legal advice during situations such as:

  • Separation or divorce proceedings where questions about child support need resolution.
  • Disputes regarding the amount of child support owed or being paid.
  • Requests to modify an existing child support order due to changes in financial circumstances or the needs of the child.
  • Enforcement of child support in cases where the other parent is not fulfilling their obligations.
  • Clarifying parental responsibilities for unmarried couples.
  • Addressing cross-border or international child support matters, especially if one parent resides abroad.

A qualified lawyer can explain your rights, represent you in court, assist with documentation, and help achieve a fair and legal outcome for you and your child.

Local Laws Overview

In Sanremo, child support is governed by the Codice Civile (Civil Code), specifically Articles 316-bis, 337-ter, and subsequent articles, and by national law reforms that focus on the protection of minors. Some key aspects include:

  • Obligation of Both Parents: Both parents are obligated to provide for their children in proportion to each parent's income and assets, regardless of their marital status.
  • Criteria for Determining Support: The court considers the needs of the child, the standard of living the child would have enjoyed if the family remained united, each parent’s resources, and the amount of time spent with the child.
  • Enforcement: If a parent fails to pay, enforcement measures can include salary garnishment, seizure of assets, or in some cases, criminal proceedings.
  • Modification: Child support can be revised if there are significant changes in the needs of the child or the financial situation of a parent.
  • Duration: Support generally continues until the child achieves economic independence, which may extend beyond the age of majority (18 years), depending on education and employment situation.

Frequently Asked Questions

What does child support cover in Sanremo, Italy?

Child support is intended to cover all expenses necessary for the child’s upbringing, including food, clothing, education, housing, healthcare, leisure, and extracurricular activities.

How is the amount of child support determined?

The amount is set by the court based on the child’s needs, standard of living, and both parents’ financial capacities. It takes into account income, assets, and any special needs of the child.

Can child support be changed after it is set?

Yes, either parent can request a modification of the child support order if there is a substantial change in circumstances such as job loss, increased needs of the child, or changes in custody arrangements.

What happens if a parent does not pay child support?

If a parent fails to pay, the receiving parent can seek enforcement through the court. Measures such as salary attachment, asset seizure, and reporting to credit authorities may be used.

Does child support apply if parents were never married?

Yes, the obligation is the same for all parents, regardless of marital status. Unmarried parents are equally responsible for supporting their child.

How long does child support last?

Child support typically continues until the child gains financial independence, which can extend beyond the age of 18 if the child is still studying or unable to support themselves.

Can child support be agreed upon privately?

Parents can reach a private agreement on child support, but it must be approved by the court to ensure it is in the child’s best interest and complies with the law.

Do I need to attend court for child support issues?

Court involvement is usually necessary to formalize an agreement or to settle disputes. However, lawyers can sometimes negotiate settlements outside of court, which are then presented to a judge.

Does child support include university expenses?

Yes, if the child is pursuing higher education and has not yet achieved economic independence, child support may include university expenses and related costs.

Is legal assistance mandatory for child support cases?

While not mandatory, legal assistance is highly recommended to ensure your rights and your child’s best interests are protected, and to navigate potentially complex procedures or negotiations.

Additional Resources

If you need further information or support, consider consulting the following:

  • Tribunale Ordinario di Imperia: The main court serving Sanremo, handling family law and child support issues.
  • Comune di Sanremo (Social Services): Offers support and information to families and children in need.
  • Ministry of Justice (Ministero della Giustizia): Provides guidance on national laws and procedures.
  • CAF (Family Support Centers): Assist with administrative procedures and offer free initial advice.
  • Local legal aid organizations and practicing lawyers: Many offer initial consultations or tailored assistance in family law, including child support.

Next Steps

If you believe you need legal assistance regarding child support in Sanremo:

  • Gather all relevant documentation, such as income statements, expense receipts, and any current agreements or court orders related to your child.
  • Contact a qualified family law lawyer who practices in Sanremo or the broader Imperia province.
  • If financial resources are limited, inquire about eligibility for legal aid (“patrocinio a spese dello Stato”).
  • Schedule a consultation to discuss your situation. A lawyer can provide personalized advice and explain the best course of action.
  • If you and the other parent are able, consider mediation as a way to reach agreement outside of court, saving time and resources.

Taking early and informed action will help safeguard your rights and, most importantly, ensure the well-being of your child.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.