Child support must provide first parents. But the grandparents have an obligation to contribute to

Child support must provide first parents. But the grandparents have an obligation to contribute to the maintenance of their grandchildren if the parents do not have the means to do so
Article 147 of the Civil Code provides that spouses have an obligation to maintain and educate their offspring, taking into account the capacity ', the natural inclination and aspirations academy award nominees of their children. "
In this case take over the ascending (eg grandparents), based in article 148, which states: When parents do not have sufficient means, other legitimate ascendants or natural, in order of proximity ', are required to provide parents themselves with the necessary means to enable them to fulfill their duties towards their children.
In this regard we must clarify when exactly can 'considered that parents do not have sufficient means,' cause only in this case is the obligation of the other ascending to ensure maintenance of the offspring.
On the subject, and 'the Supreme Court intervened, which with the ruling 20509/2010, said that the obligation of the ascending and' subsidiary nature and outstanding academy award nominees than that of parents
The failure of means must be evaluated in purely objective way and should not depend on a simple "failure" of the parents, academy award nominees but rather 'a real and effective inability' to provide.
At the end of this assessment, we must consider the income and assets susceptible to enforcement (ie material goods whose parents have: salary, houses, land and real estate in general, movable property value).
According to the Court of Milan, June 30, 2010 judgment, however, can not however be given the resources corecibili not abstract, such as, for example, the ability 'not working properly exploited.
In this case, the other parent must meet the expenses for the children with all its capital resources and income, and potra 'possibly act against the defaulting parent so that' contributes in proportion to its economic conditions.
1. What is the legislation on the former spouse does not pay the child support 2. Maintenance claims - may also be required from family destitute 3. Obligation of food for needy families - A concrete example "Maintenance" If the former academy award nominees spouse is not pays the check, who is held?
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You are reading What is the legislation on the former spouse does not pay the child support Author Andrea Ricciardi Article published July 11, 2013 Last edited August 31, 2014 Classified in categories family - custody and child support Tagged tagged maintenance claims, child support or family separation divorzile, separation Filed under origin of debts 'family work and income support - isee ISEEU household and family over' family - foster care and child support Readings 534 Number comments and questions: 0
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Grandparents have an obligation academy award nominees to contribute academy award nominees to the maintenance of their grandchildren if the parents do not have the means to do so at child support academy award nominees must provide first parents. This is in accordance with Article 147 of the Civil Code, which states academy award nominees that "the spouses have the obligation to maintain and educate their offspring, taking into account the capacity, the natural and aspirations of children." It may happen, academy award nominees however, that parents do not have the means to support their children. In this [... more ]
Constitute maintenance claims periodic checks, also not result from measures of the Judiciary, the debtor paid: the spouse; by legitimate children or legitimated or natural or adopted, and, in their absence, by the descendants coming, even natural; parents and, in their absence, by ascendants, academy award nominees also natural; academy award nominees by adopters; by ge