Child maintenance concerns both parents, even after the end of cohabitation. If you are facing a separation or need to review previously agreed terms, it is natural to wonder whether a monthly allowance is necessary, whether each parent can pay expenses directly, and how to establish a proportionate amount.
In this guide, I want to help you distinguish between direct and indirect maintenance, understand which criteria affect the calculation, and avoid the mistake of automatically linking the amount to the number of days spent with each parent. We will also examine how to handle extraordinary expenses, when to request a modification, and what precautions to take for arrears, as each installment may be subject to a limitation period.
The maintenance obligation rests on both parents
Separation does not reduce the child's rights. Both parents must continue to contribute to their care, instruction, education, and growth. Article 316-bis of the Civil Code links the contribution to the respective financial resources and professional or domestic work capacity; therefore, it does not require a mathematical fifty-fifty split.
Article 337-ter of the Civil Code, applicable to the crisis of a couple with children, establishes that each parent provides in a proportion corresponding to their financial conditions and allows the court to set a periodic allowance when necessary. The legal reference can be consulted in the text of Articles 316-bis and 337-ter of the Civil Code reported on Normattiva.
Proportionality does not mean equality. One parent may contribute a larger sum because they have superior resources, while the other bears a larger share of daily care activities. Domestic work also has economic value: transportation, school organization, assistance during illness, and routine management of the child affect the concrete distribution of burdens.
Maintenance includes what is necessary to meet material and developmental needs consistent with the child's age and family possibilities. It does not only concern food and clothing, but also housing, education, health, social life, and activities useful for growth, within a sustainable balance for both parents.
Direct and indirect maintenance: what changes
Direct maintenance
In direct maintenance, each parent pays for certain needs of the child without necessarily transferring a sum intended for those same items to the other. This may involve daily expenses incurred during periods of stay, or costs stably attributed to one of the parents, such as a specific activity or service.
This method requires clear rules. It is necessary to establish which expenses are included, who pays each item, and how the proportion between financial resources and care burdens is maintained. The mere alternation of the child between two homes does not prove that both bear equivalent costs; many expenses remain concentrated in the usual home or are advanced by a single parent.
Indirect maintenance through an allowance
Indirect maintenance consists of the periodic payment of an allowance to the parent who predominantly bears ordinary expenses. The allowance serves to rebalance contributions and does not represent a payment owed to the parent for themselves. Its function remains tied to the child's needs.
Joint custody and broad visitation schedules do not automatically eliminate the allowance. If there is a significant financial difference, if the stay is not truly equal, or if one of the parents bears the main fixed costs, a periodic contribution may continue to be necessary. A research report published by the Court of Cassation examines in depth the distinction between direct maintenance and periodic allowance.
The two forms can coexist. A parent can pay an allowance and, at the same time, directly support the child's needs when the child is with them or pay for specific items. Except for a different agreement or ruling, these expenses do not, however, authorize a unilateral reduction of the monthly amount.
How child support is quantified
There is no single legal tariff equal for all families. Article 337-ter of the Civil Code indicates five criteria: current needs of the child, standard of living enjoyed during the parents' cohabitation, time spent with each parent, economic resources of both, and the value of domestic and care duties.
Current needs depend on age, school, health, and activities concretely carried out. A very young child has different costs than a teenager; growth can increase ordinary expenses even if the parents' incomes remain unchanged. The quantification must therefore represent the real situation, not an outdated picture.
Resources count as a whole. Declared income is important, but it does not always exhaust the contributory capacity. Assets, housing availability, continuous income, financial benefits, and documented personal expenses can take on relevance. The presence of other children and subsequent family obligations must be considered, without automatically canceling the first child's right to maintenance.
Visitation times affect the outcome because each parent bears variable costs when the child is with them. Not all costs, however, follow the calendar: housing, utilities, basic clothing, school supplies, and daily organization may remain predominantly borne by a single home. For this reason, the number of overnight stays alone does not determine the amount.
The assignment of the family home can also influence the overall economic balance. It is not equivalent to an allowance for the parent, because it primarily protects the children's best interests, but the enjoyment of the property and related expenses can be evaluated together with other circumstances.
Ordinary and extraordinary expenses are not the same thing
The monthly allowance normally covers ordinary needs, meaning recurring or predictable expenses that are part of the child's daily life. The concrete distinction, however, depends on the content of the ruling, the agreement, or any rules adopted in the proceeding: the mere presence of a receipt does not transform an expense into "extraordinary."
Extraordinary expenses concern costs that, due to their nature, amount, or occasional character, remain outside ordinary monthly management. They may be medical, educational, sports, or training-related, but the category is not uniform. A predictable annual expense may already be considered in the allowance; an unforeseen medical need may instead require a separate contribution.
The reimbursement percentage does not necessarily have to be fifty percent. Additional expenses can also be distributed according to the parents' financial capacity. The legal title must be read carefully to understand whether prior agreement is required, which costs can be incurred without consent, and what documentation needs to be sent.
A unilateral decision does not always produce the same effect. If the expense is urgent and indispensable, the other parent's dissent takes on a different meaning compared to an optional, costly, and programmable choice. To reduce conflicts, it is advisable to precisely describe categories, percentages, methods of consultation, and deadlines for submitting supporting documents.
When the contribution can be modified
The allowance can be revised when relevant circumstances change. Article 337-quinquies of the Civil Code allows for a request at any time to revise the provisions on the amount and methods of the contribution. In family proceedings, Article 473-bis.29 of the Code of Civil Procedure links revision to the occurrence of justified grounds.
A stable increase in the child's needs, a significant variation in a parent's resources, a different arrangement of stays, or the child's relocation to the other home may be relevant. An occasional expense or a temporary income fluctuation is not enough: the change must concretely affect the balance considered in the previous ruling.
It is incorrect to modify the allowance on one's own. Anyone who loses their job, hosts the child for more time, or incurs new expenses cannot simply suspend or decrease payments. As long as the legal title is not modified through a valid agreement or a new ruling, installments continue to accrue in the established amount.
Attaining the age of majority does not automatically terminate maintenance. Article 337-septies of the Civil Code allows for granting an allowance to an adult child who is not financially independent and provides, barring a different decision, for direct payment to them. The educational path, commitment to autonomy, age, and concrete opportunities count, not majority age considered in isolation.
Limitation period for arrears
Individual periodic installments are normally subject to a five-year limitation period. The reference is Article 2948, no. 4, of the Civil Code, concerning sums to be paid periodically on an annual basis or at shorter intervals. The text of the provision can be consulted on the Normattiva page dedicated to Article 2948 of the Civil Code.
The limitation period runs separately from the maturity date of each installment. This means that there is no single date for the entire arrears: older monthly payments may become time-barred while subsequent ones remain collectible. If the arrears amount becomes the subject of an independent final judicial ascertainment, that credit must be distinguished from the periodic installments that continue to accrue.
The limitation period can be interrupted by acts suitable for formally asserting the credit, such as a written request with unequivocal content or the initiation of judicial or enforcement action. It is not advisable to rely on informal conversations whose content, receipt, and applicability to individual monthly payments are uncertain.
Causes of suspension must also be considered. Legal separation, according to the guidance recalled by the Constitutional Court, causes the suspension between spouses connected to community of life to cease. Judgment No. 7 of 2026 of the Constitutional Court extended the suspension provided by Article 2941, no. 1, of the Civil Code also to de facto cohabitants during a stable relationship. The concrete effect on arrears, however, depends on the creditor and the phase of the family relationship.
What to consider in case of non-payment
The first point is to distinguish recovery from modification. The obligated parent can request a revision for new facts, but cannot simply oppose those facts to installments that have already matured under a still effective legal title. The recipient of the contribution can enforce arrears by documenting deadlines, partial payments, and interrupting acts.
In addition to ordinary enforcement tools, Article 473-bis.37 of the Code of Civil Procedure governs payment by a third party who must periodically pay sums to the debtor. After formal notice to cure and a default of at least thirty days, the creditor may, upon meeting the requirements, notify the legal title to the third party and request direct payment. The mechanism is reported in the text of Articles 473-bis.29, 473-bis.37 and 473-bis.39 of the Code of Civil Procedure.
This direct payment does not coincide with direct maintenance. In the first case, a third party pays the creditor sums owed by the defaulting parent; in the second, each parent directly supports certain needs of the child. Confusing the two institutions leads to incorrect conclusions regarding agreements and protection tools.
If both parents agree on a different organization, they can regulate it through the instruments provided by law, keeping the child's best interests central. If agreement is lacking, the choice between modification, recovery, and guarantees must depend on the concrete problem: supervening imbalance, already formed arrears, or risk of further defaults.
Frequently asked questions
With joint custody, do I still have to pay the allowance?
Yes, the allowance may be owed. Joint custody concerns the exercise of parental responsibility and does not imply financial equality. Different incomes, non-equivalent stays, fixed costs, and greater care duties may make a periodic contribution necessary even when both participate in decisions regarding the child.
Can I deduct the expenses I paid directly from the allowance?
You cannot do so unilaterally, unless the legal title or a valid agreement allows that offset. The allowance and directly incurred expenses may have different functions. An autonomous reduction risks leaving part of the installment unpaid, even when the expense incurred is genuinely intended for the child.
Does maintenance automatically end at eighteen?
No, majority age is not enough. Maintenance can continue until the child achieves financial independence, considering age, education, commitment, and concrete opportunities. For an adult child, the allowance is normally paid directly to the entitled party, barring a different decision by the court.
Can I request an increase in the allowance if my child grows up?
The increase in needs can justify a revision, but it must be proportioned to the resources of both parents and the concrete organization. New school, medical, or training expenses do not automatically determine a pre-established amount; it is necessary to verify whether they appreciably alter the original balance.
After how long do arrears become time-barred?
Each periodic installment is normally subject to a five-year term from its maturity date. Interruptive acts and causes of suspension can modify the calculation. For this reason, it is necessary to reconstruct monthly payments, payments, formal requests, and the creditor's position, without applying a single date to the entire arrears.
A practical criterion to guide you
Start from the arrangement actually lived by the child. Incomes, fixed costs, stays, care activities, and the content of the ruling must be read together. If you need to establish new rules, modify an existing one, or recover unpaid sums, you can contact us to clarify which path addresses the concrete problem without confusing quantification, revision, and limitation periods.