Ending a cohabitation does not end parental responsibility. One of the most frequent misconceptions is that criminal liability for child support applies only to married or legally separated couples. Italian case law has made it clear that this is not the case.
Even in de facto relationships, failure to pay maintenance can lead to criminal consequences, including imprisonment, when specific legal conditions are met.
Do unmarried parents have the same legal obligations? Yes — the law treats them the same as married couples
Under Italian law, the absence of marriage does not change the obligation to support children.
A parent who does not live with their child must still:
- pay the monthly maintenance allowance ordered by the court
- contribute to extraordinary expenses (school, medical costs, sports, etc.)
- comply with all financial provisions set for the child’s wellbeing
Failure to do so can fall under art. 570-bis of the Criminal Code, which applies regardless of marital status.
Recent case law (Court of Appeal of Naples, no. 133/2026) confirms this alignment between married and unmarried parents.
When does non-payment become a crime?
It is not every delay that leads to criminal liability
A parent risks criminal prosecution when three elements are present:
- a valid court order establishing maintenance obligations
- the ability to pay, even partially
- a conscious and persistent refusal to comply
Temporary financial difficulty is not enough to trigger criminal liability. What matters is a serious and unjustified failure to pay over time.
Even partial omissions can be relevant if they affect essential needs such as schooling, healthcare, or basic living expenses.
Does maintaining a relationship with the child avoid liability?
No — affection does not replace financial support
A parent may still:
- see their child regularly
- spend time with them
- provide emotional and practical support
However, this does not eliminate the obligation to pay maintenance. Italian law clearly separates the two spheres:
- emotional relationship → custody and family law
- financial support → enforceable legal obligation
So even a highly involved parent can still face criminal charges if they fail to pay what is due.
The only effect of a good relationship is that it may exclude more general offences linked to moral abandonment — but it does not remove liability for unpaid maintenance.
What happens if the non-payment continues over time? The longer the delay, the more serious the consequences
When non-payment becomes prolonged:
- the debt accumulates
- the conduct is considered increasingly serious by courts
- criminal defences become more limited
In these cases, courts are less likely to apply “particular tenuousness of the offence” (art. 131-bis c.p.), which could otherwise reduce or exclude punishment.
In practice, long-term non-payment significantly increases the risk of a full criminal conviction.
Can financial hardship justify non-payment? Only if it is real, serious, and proven
A parent cannot avoid liability simply by claiming economic difficulty. To be relevant, the hardship must be:
- objective (not voluntary or temporary avoidance of work)
- documented
- sufficient to make payment impossible, not just inconvenient
If the parent still has income or assets that could cover at least part of the obligation, the duty remains.
The key takeaway
Marriage is irrelevant — responsibility is not
Italian law protects children’s economic stability above all else. This means:
- unmarried parents are fully subject to maintenance obligations
- failure to pay can become a criminal offence
- imprisonment is possible in serious and prolonged cases
The decisive factor is not the type of relationship between parents, but the child’s right to consistent financial support and the parent’s ability to provide it.
VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com