Intercourse and marital duties
To have intercourse is among the marital duties, as confirmed by the Italian Supreme Court (order no. 4756/2017). Refusing to have sexual relations, therefore, constitutes a violation of the obligations of moral and material assistance provided for by the Italian Civil Code. In order for an infringement to be recognized a systematic refusal is necessary. […]
Violating Shared Custody is a crime
When the spouses separate, the judge rules over the custody of the children. If shared custody is ordered, it is necessary that the children continue to stay with both parental figures, sharing equally the time to be spent with both with each other, except when evident obstacles are in place. But what if the former […]
Alimony and Tax Return
Alimony is an economic emolument, consisting of a sum of money paid to the weaker spouse (financially weaker) or in the form of financial support for children. Generally speaking, the amount is generally determined by the court, so it is natural to ask whether the alimony should be indicated in the tax return or not.To […]
Prevalent residence order of the child and limited visiting rights does not exclude shared custody
By judgement no. 22219/2018 the Italian Supreme Court has confirmed that, in the context of shared custody regime, it is possible to limit husband’s right to visit and ordering child’s prevalent residence at mother habitation. Italian legislation about shared custody does not exclude the prevalent residence of the child at one of spouses’ residence. In […]
Invalidity pension only applies to Italian residents
The Italian Supreme Court – Employment section has confirmed that invalidity pension applies only within Italian territory. (judgement no..21901). This ordinance is in line with EC regulation no. 1247/1992 which does not allow to export assistance or pension support within European territory. It is important to highlight the difference between assistance and pension support: the […]