The Central Role of the Minor's Will in Economic Decisions

In separation and divorce proceedings, the determination of maintenance payments is often a source of heated conflict between parents. However, a fundamental aspect that must never be overlooked is the child's own voice. As a family lawyer in Milan, Avv. Marco Bianucci observes daily how the needs expressed by minors, when they possess the capacity for discernment, can significantly influence not only custody arrangements but also the quantification and distribution of family economic resources.

Italian civil law explicitly recognizes the right of a minor who has reached the age of twelve, and even younger if capable of discernment, to be heard in all matters and procedures concerning them. Although the hearing of a minor is primarily thought of in relation to the choice of the custodial parent, the child's statements can have a direct impact on the amount of maintenance. For example, the desire to attend a particular school, to continue an competitive sports activity, or to maintain a specific social lifestyle, if deemed in their best interest by the judge, obliges parents to structure an adequate financial contribution to support these choices.

The Regulatory Framework and the Assessment of Discernment

Article 337-octies of the Civil Code establishes the procedures for hearing the minor. The judge does not merely record the child's preferences but assesses their genuineness to exclude external conditioning or loyalty conflicts. From an economic perspective, this step is crucial. If a minor expresses the desire, for instance, to spend equal time with both parents, this could lead to a substantial modification of the maintenance payments, shifting from a fixed contribution to direct support for specific expense categories. Case law now consistently holds that the economic arrangement must be functional to the minor's psychophysical well-being, and no one knows a child's current needs better than the child themselves, provided their voice is interpreted correctly.

The Approach of Studio Legale Bianucci in Milan

Avv. Marco Bianucci, an expert lawyer in family law in Milan, handles these delicate procedural phases with a strategy that places the protection of the minor and economic fairness between the parties at its core. The firm's objective is not to instrumentalize the child's will for economic gain, but to translate their legitimate aspirations into a sustainable and realistic maintenance plan. When addressing the hearing of the minor, Studio Legale Bianucci works to ensure a calm environment and that economic requests related to the child's needs are well-documented and argued.

The defense strategy adopted by Avv. Marco Bianucci aims to demonstrate how economic requests are strictly connected to the realization of the minor's personality. Whether it concerns extraordinary educational expenses or daily necessities, the legal intervention is aimed at ensuring that the judge recognizes these needs as priorities. The in-depth knowledge of the dynamics of the Milan Tribunal allows the firm to anticipate critical issues related to the minor's hearing, preparing the parent to manage this moment with the utmost awareness and parental responsibility.

Frequently Asked Questions

At what age can my child decide which parent to live with and how much to spend?

The law sets the age of 12 for mandatory hearing, but the judge can order it earlier if the child is capable of discernment. However, the minor does not independently decide the amount of maintenance or the custodial parent; they express a preference that the judge will evaluate whether to accept based on the minor's paramount interest.

If my child wants to attend an expensive private school, will the judge oblige the other parent to pay?

If the choice of a private school aligns with the child's established educational interests or educational continuity, and if the parents' financial circumstances allow, the judge may assign this expense to the parents, thereby influencing the amount of maintenance or the division of extraordinary expenses.

What happens if the minor refuses to see the parent paying maintenance?

A minor's refusal to see a parent is a complex issue that requires an investigation into the causes. Although the right to maintenance is an inalienable right of the child and cannot be revoked as retaliation, persistent and unjustified refusal could lead to a review of custody arrangements and, consequently, the economic framework.

Does an adult child who is not self-sufficient have a say in the alimony?

Yes, an adult child who is not financially independent is entitled to maintenance. In this case, their voice carries even greater weight regarding their life, study, and training choices, and the alimony can be paid directly to them if they request it or if the judge deems it appropriate.

Request a Consultation at Studio Legale Bianucci

Managing the interaction between a child's will and the family's economic needs requires expertise and sensitivity. If you are facing a separation where the minor's hearing could redefine economic balances, rely on the experience of Avv. Marco Bianucci. We receive by appointment at our office in Milan at Via Alberto da Giussano, 26, to analyze your case with the utmost professionalism.