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Are children with fixed-term contracts entitled to maintenance?

Adult children are entitled to maintenance from their parents until they reach economic independence or the conditions to do so.
This means that children must be supported even after the age of 18, as long as the lack of autonomy is not due to negligence or listlessness.
Finding work does not automatically lead to independence, which is why the maintenance obligation may continue even for working children.
At the same time, even though the job found may be unprofitable or certain, it still demonstrates that the child has the conditions and abilities to be independent and support himself.
Consequently, even a modest income or a fixed-term contract can end the maintenance obligation.
On this point we must also take into account the multiple sentences of the Court of Cassation and ordinary courts, which are not lacking in contradictions.
The topic of precarious work, for example, is rather debated, but it is still possible to find objective evaluation criteria that depend on specific circumstances: the age of the children, the course of study, the professional training and also the income of the parents.
Here's when it is possible to revoke maintenance for working children (specifying that a judicial ruling is still needed).
Maintenance for working children When an adult child starts to work, even before the salary, the type of employment and the duration of the contract, another aspect must be evaluated, essential for the evaluation of parental maintenance.
In detail, it is necessary to consider the entry into the world of work and the occupational – but also personal – skills thus demonstrated.
This is why some income, such as scholarships, fees and reimbursement of expenses for learning a profession are not relevant for maintenance purposes and the obligation continues to exist.
On the contrary, even precarious employment can demonstrate that the child is potentially independent, that is, he has all the tools to become so.
As anticipated, the jurisprudence does not lack conflicting opinions on the maintenance of adult children, between very rigid guidelines and more permissive ones.
It must be considered that in any case it is not the parents who can revoke or reduce maintenance, but they must appeal to court so that the judge can evaluate the facts.
Let's see what the general principles are regarding the jobs that leave the most doubt because they are precarious or not very remunerative.
read also How to find out if a person works Fixed-term contract and maintenance Many parents wonder if their children have the right to maintenance despite having a job but with a fixed-term contract, given that the employment status exists but there is no certainty which will continue.
This criterion, however, cannot be used, otherwise parents would have to support their children for life or in any case redisburse maintenance in every situation of need.
The right to maintenance, however, cannot be regained after being revoked.
The Court of Cassation itself has issued different opinions on the issue, but in general it is correct to state that even fixed-term contracts can allow economic independence, therefore not only fixed-term contracts but also project contracts.
The income received is one of the evaluation elements, so any further economic income and spending needs must also be taken into account.
Certainly, a working child does not continue to be entitled to maintenance just because he receives a modest salary.
This happens when the salary is realistically unsuitable for independence, as long as the child is not at fault in not finding a more satisfying job.
In particular, it is necessary to take into account the age of the children (the older they get, the more they are expected to find a suitable job), their qualifications and formal and professional experience, their active search for work, but also the availability of their parents.
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read also Maintenance allowance in the 2024 tax return: who is entitled to the deduction

Author: A.W.M.

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