The financial management of children after a separation or divorce often represents one of the most delicate and conflict-ridden issues between parents. It is common practice to assume that extraordinary expenses, meaning those outlays that go beyond ordinary daily maintenance such as specialized medical, school, or sports expenses, should be automatically divided 50% between the parties. However, this rule is not absolute, and in situations of marked economic disparity, the rigid application of a 50/50 split can be unfair and unsustainable for the parent with the lower income. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deals daily with cases where it is necessary to re-establish an economic balance that primarily protects the children's interest in maintaining their lifestyle, without disproportionately burdening one of the parents.

The Regulatory Framework: The Principle of Proportionality

The Italian Civil Code, specifically Article 337 ter, establishes that child support must be determined in proportion to the income of each parent. Although this principle is widely consolidated for ordinary child support payments, it is often forgotten that it applies, or should apply, also to extraordinary expenses. Jurisprudence, including that of the Court of Milan, recognizes that when there is a significant gap between the financial capacities of the father and mother, a 50/50 equal division does not respect the criterion of substantial fairness. In such cases, the judge can establish different percentages, for example 60/40, 70/30, or even place the expenses entirely on the wealthier parent, to ensure that the economic burden is sustainable for both and that children are not denied opportunities due to one parent's inability to cover their share.

The Bianucci Law Firm's Approach to Income Disparity

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, always begins with a rigorous and documented analysis of the parties' actual financial situation. It does not limit itself to reading tax returns, which sometimes may not reflect the actual spending capacity, but deepens the investigation by evaluating the overall standard of living, real estate holdings, and financial resources. The goal of the Bianucci Law Firm is to build a solid evidentiary framework that demonstrates how a 50/50 split is detrimental to the client and, consequently, to the children. The strategy involves first attempting negotiation with the other party to reach an agreement modifying the separation or divorce conditions, based on mathematical proportionality criteria. If the out-of-court route is not feasible, Avv. Marco Bianucci is ready to assist the client in court by filing a request for modification of the economic conditions, supported by precise calculations and updated case law, to ask the Court for a redetermination of the expense percentages.

Frequently Asked Questions

When can a modification of the extraordinary expense division be requested?

A request for modification can be made at any time if new facts arise that alter the economic balance existing at the time of the previous judgment or agreement. A significant increase in the ex-spouse's income, the applicant's job loss, or the emergence of new costly needs for the children are circumstances that can justify a revision of the division percentages, moving from the classic 50% to a proportional share.

What expenses fall under the category of extraordinary expenses?

Extraordinary expenses are those that are unpredictable or not recurring at fixed periodic intervals, which are not covered by ordinary child support. These typically include medical expenses not covered by the National Health Service, university education expenses, study trips, competitive sports activities, and language courses. It is essential that such expenses are agreed upon, except in cases of urgency or necessary medical expenses, for the reimbursement obligation to arise.

How is the correct division percentage calculated?

There is no automatic mathematical formula imposed by law, but the calculation is based on the ratio of the net incomes of the two parents. If, for example, one parent earns three times as much as the other, Avv. Marco Bianucci can argue that a fair division of extraordinary expenses should reflect this proportion, approaching a 75% burden for the higher-earning parent and 25% for the other, thus ensuring that the impact on personal budgets is equally burdensome for both parties.

What to do if the other parent refuses to pay their share?

If there is an enforceable title, such as a separation or divorce decree establishing the contribution obligation, legal action can be taken to recover the amounts due. However, if the 50/50 split has become unsustainable and is causing non-payment, the most far-sighted solution is not just debt recovery, but a revision of the conditions themselves. As an expert family law lawyer, Avv. Marco Bianucci assesses whether it is appropriate to proceed with a writ of execution or whether it is strategically preferable to simultaneously file a request for modification of the economic conditions.

Request an Evaluation of Your Case in Milan

If you believe that the current division of extraordinary expenses is unfair relative to your income and is compromising your economic well-being and that of your children, it is crucial to act with awareness. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, is available to examine your documentation and assess whether the prerequisites exist to obtain a revision of the expense percentages. Avv. Marco Bianucci will guide you with expertise and transparency towards the most suitable solution for your specific family situation.