Child Expense Management

Managing child expenses is one of the most delicate issues and a frequent source of conflict for separated or divorced couples. Establishing what falls under ordinary maintenance and what, instead, constitutes an extraordinary expense to be shared between parents is an exercise that requires clarity, collaboration, and often the support of expert legal guidance. Understanding the distinction and the criteria applied, particularly those outlined by the Court of Milan, is the first step to ensuring the children's well-being and preventing unnecessary tension. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deals with these dynamics daily, helping parents find fair and sustainable solutions.

Ordinary and Extraordinary Expenses: A Fundamental Distinction

To understand how to share costs, it is essential to distinguish between two main categories of expenses. Ordinary expenses are those intended to cover the child's daily and predictable needs, such as food, housing, clothing, household utilities, and basic care and education expenses. These outlays are generally covered by the periodic maintenance allowance paid by the non-custodial parent. Extraordinary expenses, on the other hand, are those that arise unpredictably, occasionally, or exceed ordinary administration. These are costs not included lump-sum in the maintenance allowance and which, by their nature, must be borne by both parents in a proportion established by the judge or agreed upon by the parties, usually 50% unless otherwise specified.

The Milan Court Tables: A Tool for Clarity

To reduce uncertainty and limit conflicts, many Italian courts have developed protocols or tables that list and classify different types of extraordinary expenses. The Milan Court's protocol is one of the reference points on the matter and divides expenses into two main categories. The first category includes extraordinary expenses that do not require prior agreement between parents, as they are considered mandatory for the child's well-being (e.g., purchase of school books, routine medical visits, prescribed medications). The second category includes extraordinary expenses that, instead, require the prior consent of both parents, as they concern important decisions related to the child's growth, education, or health (e.g., enrollment in private schools, language courses, competitive sports activities, non-urgent surgical procedures). These tables provide valuable guidance, but it is important to remember that every family situation has its specificities.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is based on conflict prevention through the definition of clear and detailed separation and divorce agreements. Instead of relying solely on general guidelines, the firm works to create personalized parental agreements that unequivocally specify the nature and methods of sharing extraordinary expenses, taking into account the family's standard of living and the children's actual needs. This proactive method aims to drastically reduce future occasions for conflict, providing parents with a clear and shared management tool. The goal is to transform a potential point of friction into a conscious agreement, protecting the children's peace of mind above all.

Frequently Asked Questions

What are the extraordinary expenses that do not require the other parent's agreement?

According to the guidelines of the Court of Milan, expenses considered necessary and urgent for the child do not require prior agreement. These typically include school textbooks, mandatory school fees, medications prescribed by the pediatrician, routine or urgent specialist medical visits, and the purchase of glasses or contact lenses if necessary.

Are university expenses considered extraordinary?

Yes, expenses related to the university education of adult children who are not economically self-sufficient are generally considered extraordinary. These include enrollment fees, costs for living away from home, textbooks, and educational materials. Given their economic and decision-making significance, they fall under those requiring the prior agreement of both parents.

What happens if a parent refuses to pay their share of extraordinary expenses?

If a parent unreasonably refuses to contribute their share of an extraordinary expense (agreed upon or necessary), the other parent can advance the entire sum and subsequently take legal action to obtain reimbursement. It is possible to initiate enforcement proceedings based on the judge's order (separation or divorce decree) establishing the contribution obligation, by serving a notice to pay and proceeding, if necessary, with seizure.

Is the division of extraordinary expenses always 50%?

A 50% division is the most common practice, based on the principle of shared parenting. However, the judge may establish a different proportion (e.g., 70% and 30%) taking into account the disparity in income between the parents. The goal is always to ensure that each parent's contribution is proportional to their economic capacity, ensuring that the child's needs are fully met.

Contact the Firm for an Assessment of Your Case

Managing extraordinary expenses can be complex and lead to misunderstandings that undermine family harmony. Relying on a competent professional is essential to define clear agreements, prevent conflicts, or resolve those already in place. If you have doubts about the correct division of expenses or need assistance to assert your rights and those of your children, you can contact the Bianucci Law Firm in Milan. Avv. Marco Bianucci will provide a detailed analysis of your situation and guide you towards the most appropriate and strategic solution.