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The moment is the result of legal separation, the judge announces more which of the two spouses will be given custody of the children. In particular, the decision of Judge defines the quantum and the practice by which the non-custodial spouse must work to maintain, to educating children.

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The spouse which is responsible for the children, unless otherwise placing of the judge, has the peculiar exercise of power over them, but the decisions of most interest to children are adopted by both spouses. The spouse whose children are not in the custody, has in all cases the right and the duty to check on their training and culture and can always appeal to the court, if he considers that decisions have been taken compromising their interest.

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In separation will be the judge to have the verdict, even with regard to the allocation of the family home that will compete in preference to the spouse who has custody of the children. Instead, with regard to the maintenance of the weaker spouse, Italy-Article. 156 of the Civil Code stipulates that: "The judge, pronouncing the separation provides the benefit of the spouse which is not chargeable of the separation, the other spouse is entitled to receive what is necessary for his maintenance, if he has not adjusted its income".

That is, the spouse who is given responsibility for the defeat of the marital relationship, has no right to have the part of the spouse financially stronger such that they can be to maintain the same standard of life he led in wedlock.

When you do not have the right to maintenance in any case does not imply any right to food which is always entitled the spouse who is in a state of necessity, as specified in Articles 433 and following of the Civil Code.

The amount that will be given to the weak spouse relative to the maintenance is determined in relation to the circumstances and income of the spouse obliged. As defined by the Supreme Court judgment in 1981. 6396: "

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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