Extraordinary Expenses and Child Support: The Very Recent Supreme Court Ruling
The recent order of the Court of Cassation, no. 7169 of October 6, 2023, has brought to the forefront a crucial issue concerning child support in the event of separation between spouses. In particular, the ruling has provided fundamental clarifications on the distinction between ordinary and extraordinary expenses, with significant implications for separated parents and for the procedures for requesting reimbursement of expenses incurred for their children.
The Case and Previous Decisions
In the case under examination, A.A. and B.B. had separated, and subsequently A.A. had requested reimbursement for expenses incurred for their son C.C., relating to education, sports activities, and medical expenses. The Court of Taranto had initially granted the request, recognizing the extraordinary nature of these expenses. However, the Court of Appeal of Lecce, on appeal, held that many of these expenses were foreseeable and, therefore, not extraordinary.
In matters of child support, extraordinary expenses are those that are not foreseeable and assessable at the time the support is determined.
The Distinction Between Ordinary and Extraordinary Expenses
The Court of Cassation clarified that extraordinary expenses are characterized by their significance, unpredictability, and unassessability, falling outside the ordinary lifestyle of the children. It is therefore fundamental to understand which expenses fall into this category. According to the Court, ordinary expenses are those that recur with certainty over time and can be anticipated by one of the parents, while extraordinary expenses require specific verification and cannot be considered part of the maintenance allowance.
- School and university expenses: considered extraordinary if not foreseeable at the time of separation.
- Medical expenses: must be proven to be necessary and not fall under ordinary expenses.
- Extracurricular activities: assessed in light of the child's inclinations and abilities.
Implications of the Ruling
The decision of the Court of Cassation, therefore, establishes an important principle: extraordinary expenses for children cannot be considered part of the maintenance allowance if they have not been previously agreed upon and are found to be unforeseeable at the time the allowance itself was determined. This approach protects the principle of proportionality and adequacy of maintenance, ensuring that children are not deprived of fundamental rights due to parental separation.
Conclusions
In conclusion, ruling no. 7169/2023 of the Court of Cassation represents an important clarification regarding the management of expenses for children in cases of separation. Parents must be aware of the distinctions between ordinary and extraordinary expenses and the legal implications that arise from them. It is essential that both parents collaborate and agree on such expenses to ensure adequate and proportionate support for their children's needs.
