When it is possible to pay the allowance directly to the adult child

The children reaching adulthood represents a fundamental moment of transition not only for their personal growth but also for the economic arrangements established during separation or divorce. Many parents obligated to pay maintenance allowances wonder about the possibility of handing over the sums directly to their child, especially when the latter begins to manage their own expenses or undertakes university studies away from home. As a family lawyer practicing in Milan, Avv. Marco Bianucci fully understands the desire to empower one's children and to adapt the contribution methods to the new factual reality. However, it is essential to understand that this is not automatically provided for by law, and acting without due caution can expose one to significant legal risks, such as a demand for double payment from the other parent.

The regulatory framework: Article 337-septies of the Civil Code

Italian legislation, specifically Article 337-septies of the Civil Code, stipulates that the judge may order the payment of a periodic allowance in favor of adult children who are not economically independent. This provision states that the allowance shall be paid directly to the entitled party, i.e., the child, unless otherwise determined by the judge. In court practice, however, the principle often prevails that if the adult child continues to live with one of the parents, the maintenance contribution should be paid to the latter, as it is presumed that the cohabiting parent bears the ordinary costs of food and accommodation. To modify this arrangement and legitimize the direct payment to the child, a specific judicial order or a formal agreement approved by the Court is necessary. Case law has repeatedly clarified that the obligated parent cannot unilaterally change the payment methods established in the separation or divorce decree, under penalty of default.

The Bianucci Law Firm's approach to modifying conditions

Avv. Marco Bianucci, an expert lawyer in family law in Milan, handles requests for modification of maintenance conditions with a strategic and prudent approach, aimed at protecting the client from future disputes. When a parent wishes to pay the contribution directly to their child, the Firm first proceeds with a detailed analysis of the current decree and the child's factual situation. Factors such as enrollment in a university in another city, autonomous management of a rental, or the capacity for discernment in managing money are crucial elements that are valued to support the request. The primary objective is always to reach a consensual agreement with the other parent, formalizing the modification through the procedures provided by law. If an agreement is not possible, Avv. Marco Bianucci assists the client in the judicial appeal for the revision of the conditions, demonstrating to the judge the educational and practical appropriateness of direct payment, always in the exclusive interest of the child.

Frequently Asked Questions

Can I start paying my child directly as soon as they turn 18?

No, reaching the age of majority does not automatically authorize the parent to change the beneficiary of the payment. If the separation or divorce decree provides for payment to the other parent, it is necessary to continue in this manner until a new judicial order or a formal agreement to modify the conditions is issued. Acting otherwise could lead to enforcement action by the ex-spouse to recover sums not paid directly to him or her.

If my child goes to university outside of Milan, can I pay the allowance to them?

The child's move to another city for study purposes is a circumstance that often justifies the request for direct payment. As the child is physically distant from the family home, the presumption that the custodial parent provides for all their daily needs is partially diminished. However, even in this case, it is essential to formalize the change in payment methods through an application for modification of the separation or divorce conditions, to avoid future disputes.

What should I do if the other parent does not agree to direct payment?

If the other parent opposes the direct payment of sums to the adult child, it is not possible to proceed independently. As an expert lawyer in family law, Avv. Marco Bianucci advises in such cases to file an application with the Court. The judge will assess whether the prerequisites exist to order direct payment, considering the child's age, their level of maturity, and their actual living needs, thereby overcoming the ex-spouse's opposition.

Request a consultation for maintenance modification

The management of post-separation financial relationships requires precision and adherence to procedures to avoid unpleasant legal consequences. If you wish to regularize the direct payment of maintenance to your adult child, contact the Bianucci Law Firm. Avv. Marco Bianucci will welcome you at the Milan office at Via Alberto da Giussano 26 to analyze your specific case and identify the most appropriate path to update the maintenance conditions safely and definitively.