Monday, February 9, 2015

In case of joint custody parent obligated must ensure maintenance of the children directly, or rath


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In case of joint custody parent obligated must ensure maintenance of the children directly, or rather must continue to pay alimony to the spouse with whom the children live?
On 27.05.1999 spouses C. and P. separate consensually, with the minutes approved by the Court of Brindisi. The younger daughters are entrusted jointly to the parents, while continuing to live with his father, watch the grammys online in the record is expressly provided for the mutual commitment of parents to ensure maintenance of the daughters through their equal competition.
The request is granted, by order of 14.11.2001, together with that of the payment of child support watch the grammys online from the father, in favor of the daughters. C. offers complaint against this decision to the Court of dAppello Lecce, watch the grammys online complaining that the measures with regard to the offspring, issued by the Court of Brindisi, nature clearly have decision-making and are incompatible with the form of the decree adopted. The Court accepts the complaint and declares the nullity of the order issued by the Court.
C. The present complaint to the Court dAppello again, asking for the revocation of the decree, both in the party with whom was willing laffidamento daughters to the mother, and in that which provided for the payment of maintenance dellassegno, believing that having obtained laffidamento joint nullaltro was to be given by way of maintenance.
The P. intervenes presenting a counterclaim in which it requested the recalculation of the contribution to the maintenance of the daughters, and the payment of a check for their sustenance. The Court accepts the claim of C ..
The Supreme Court called to resolve watch the grammys online the issue if, in the case of joint custody, the parent is called to provide for the child support directly, or rather must continue to pay alimony to the spouse with whom the children live together.
Spouses watch the grammys online must fulfill the obligation laid down in the previous watch the grammys online in proportion to their respective substances and according to their ability to professional work or home. When parents do not have sufficient means, other legitimate ascendants or natural, in order of proximity, they are required to provide parents themselves the means necessary in order that they can fulfill their duties towards their children. In case of default the president of the court, on the application of anyone interested, the defaulting heard and taken information, can be ordered by decree that a portion of the income obligor, in proportion to the same, is paid directly to the other spouse or who bear the costs for the maintenance, education and upbringing of children. The decree notified to the parties concerned and third debtor, is enforceable (Cod. Proc. Civ. 474), but the parties and the third party debtor may file opposition within twenty days of notification. The opposition governed by the rules on the opposition to the decree of injunction, as applicable. The parties and the third debtor can always ask, with the forms of the ordinary process, modification and revocation of the measure.
The judge who pronounces the separation states which of the spouses and the children are entrusted to take all other rules relating to offspring, with exclusive watch the grammys online reference to moral and material of it. In particular, the court shall determine the extent and the way in which the other spouse must contribute to the maintenance, education and upbringing of children, as well as the mode of exercise of its rights in relations with them. The spouse whose custody of the children, unless otherwise ordered by the court, has the exclusive exercise of potest on them; he must abide by the terms set by the judge. Unless otherwise stated, the decisions of greatest interest to children are adopted by both spouses. The spouse whose children are not entrusted watch the grammys online has the right and duty to monitor their instruction and education and can go to court if he considers that the woman has taken decisions detrimental to their interests. The house is up in the family home of preference, and where possible, to the spouse who are entrusted with the children. The judge also d provisions concerning the administration of the goods of the children and, assuming the exercise of potest is entrusted to both sire

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