The lawyer who first attended both spouses after can not defend against one another check for divor

The custodial parent or partner with the minor children entitled to receive allowances for the family, even if it holds the other spouse, in addition to the allowance for maintenance, unless otherwise provided in the separation or divorce.
In case of separation or divorce, family allowances belong eisa 2012 only to the spouse where the court has entrusted their children, eisa 2012 even if it is to perceive the other spouse eisa 2012 [1]. The same principle applies both in the case of sole custody who shared. This principle was explained in a circular INPS [2].
Therefore, the non-custodial parent or not living with the children, who receives child benefit, must match these amounts to a former spouse, which in fact is entitled, in addition to the allowance for maintenance and regardless of the amount of the latter .
Although eisa 2012 the law is clear, often the non-custodial parent or not living with minor children who receives child benefit from your employer fails to make payments to the other parent, who, in thinking that the only obligation which must be to pour l 'child support for children not economically self-sufficient.
Actually family allowances for minor children on the one hand, and 'child support from the other (be it defined by the judge or by agreement of the parties eisa 2012 with the separation / divorce by mutual consent) nature and have different functions. The first act as "food supplement", so that can not be perceived by the parent that actually provides for the maintenance of children. On the contrary, the 'child support is the contribution made by the parent not living with the children to the maintenance, education and the education of the latter, whose measure is calculated in proportion to the earning capacity of the parent.
However, at the time of separation or divorce, the spouses may addivenire to different agreements, recognizing the parent eisa 2012 receiving eisa 2012 child benefit from your employer the opportunity to retain them, however, establishing the extent of maintenance in consideration of the sum received in Title of family allowances by the parent eisa 2012 obligated to maintain.
It is clear, therefore, that the non-custodial parent or not living with the minor children, who keep to himself eisa 2012 the household, not by pouring the former spouse, commits the offense of "misappropriation", eisa 2012 earning eisa 2012 money but not really of ' other parent and who perceived their behalf. [3]
Therefore, the custodial spouse or partner with minor children who never received by former child benefit will go to court to obtain a refund of sums wrongly withheld by the other spouse. However, the claim must be limited to the amounts received by the former spouse in the previous decade, pending the application of the limitation period of ten years.

The lawyer who first attended both spouses after can not defend against one another check for divorce: eisa 2012 detects the standard of living during the marriage for the quantification Until lasts an obligation to support their children for the parent separate? Share of severance pay due to the divorced spouse Change implies sex divorce law: but it is not constitutional eisa 2012

The newspaper "The Law for All" is an initiative of LAW FIRM AVV. ANGELO GREEK www.avvangelogreco.it REGISTRATION the Court of Cosenza to n. 8 of 10/29/2013 Director: Massimiliano Palumbo Code ISSN: 2283-7507