Managing expenses for children represents one of the most contentious issues between separated or divorced parents, especially as children grow and their needs change. Adolescence brings with it new demands for autonomy that often translate into significant costs: obtaining a driver's license, purchasing a first scooter or mini-car, and related running costs such as insurance and road tax. Many parents turn to law firms asking whether these items fall under ordinary maintenance already paid monthly or if they should be considered extraordinary expenses, and therefore to be split, usually 50%, between the parties. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci deals with these issues daily, helping parents navigate the rules of the civil code and the specific practices of the Court of Milan.

The Distinction Between Ordinary and Extraordinary Expenses for Children's Vehicles

To understand how to economically manage children's mobility requests, it is fundamental to start with the legal distinction between ordinary and extraordinary expenses. The periodic maintenance allowance covers daily living needs: food, housing, basic clothing, and ordinary healthcare. Anything outside this routine, which is unpredictable or involves a significant financial outlay, potentially falls under extraordinary expenses. However, not all extra expenses are automatic. Case law and court protocols distinguish between expenses that do not require prior agreement (generally urgent medical or mandatory school expenses) and expenses that, due to their discretionary nature or economic impact, absolutely require the consent of both parents before being incurred. The purchase of a vehicle or the cost of a driver's license falls into an area that requires careful analysis of current regulations.

The Milan Court Protocol on Driver's Licenses and Means of Transport

In Milan, as in many other Italian courts, there is a Protocol that serves to guide decisions and reduce conflict between parents. According to the guidelines commonly applied in the Lombard capital, expenses for obtaining a driver's license (courses, registration, exams) are generally considered extraordinary expenses that must be agreed upon. This means that a parent cannot enroll their child in driving school and then present the bill to the other parent without having discussed it first. The rule is even stricter for the purchase of motorcycles, scooters, or cars. These items are considered discretionary extraordinary expenses, or at least not strictly necessary, and therefore mandatorily require the prior written agreement of the parties. Without this agreement, the parent who independently decides to buy a scooter for their child bears the entire cost and cannot claim reimbursement of the share from the other parent.

Insurance, Road Tax, and Maintenance: Who Pays?

Once the vehicle is purchased, issues related to its ongoing maintenance arise. Expenses for third-party liability car or motorcycle insurance, road tax, and ordinary and extraordinary maintenance generally follow the fate of the main asset. If the purchase of the vehicle was agreed upon by the parents, the running costs should also be split according to the percentages established for extraordinary expenses (usually 50%). However, disputes frequently arise when running costs become burdensome or unforeseen. A lawyer specializing in family law in Milan knows well that clarity in the initial agreement phase is the only way to avoid future litigation. It is advisable to establish in advance not only the purchase of the vehicle but also a maximum spending limit for its maintenance or to agree on who will be the holder of the insurance policy.

The Bianucci Law Firm's Approach to Managing Consent

Avv. Marco Bianucci, thanks to his extensive experience in family law, adopts a preventive and strategic approach in managing these issues. When a parent turns to the Bianucci Law Firm complaining of the ex-spouse's refusal to contribute to the expenses for a driver's license or a scooter, the analysis always begins with a careful reading of the homologated separation or divorce conditions. In fact, the solution often lies in the correct interpretation of existing clauses or in the application of the Milan Court Protocol. The goal of Avv. Marco Bianucci is to facilitate the achievement of an out-of-court settlement, explaining to the parties that an unjustified refusal to contribute to an important expense for the child's growth and autonomy (such as a driver's license) could be viewed negatively by a judge. On the other hand, the firm firmly protects the parent who receives reimbursement requests for luxury expenses never agreed upon, defending the principle of prior consultation.

The Judge's Role in Case of Disagreement

What happens if parents cannot reach an agreement? If the child needs a driver's license for study or work reasons, but one of the parents objects for economic or principled reasons, it is possible to turn to the Court. As a family lawyer operating in Milan, Avv. Marco Bianucci assists clients even in this delicate phase, preparing appeals for dispute resolution under art. 709 ter c.p.c. or similar regulations. The judge, in these cases, will assess the interest of the minor (or the adult child not economically self-sufficient) in relation to the parents' financial capacity. If the expense is deemed compatible with the family's standard of living and beneficial for the child, the judge can authorize it even against the will of one of the parents, charging the expense to both. However, for discretionary items like an expensive mini-car, it is rare for a judge to impose the purchase if there is no unanimous consent.

Frequently Asked Questions

Are driver's license expenses mandatory for a separated father?

There is no automatic obligation, but a driver's license is now considered a fundamental tool for the young person's social and professional integration. Therefore, case law tends to consider it a useful extraordinary expense. However, according to the Milan Protocol, it is an expense that requires prior agreement. If the father refuses without valid economic reasons, the mother can go to court to obtain authorization, but she cannot act independently and then demand reimbursement if there was no consultation.

Can I buy my son a scooter and ask my ex-wife for 50%?

No, purchasing a scooter is considered a discretionary extraordinary expense and often a luxury. To claim reimbursement of the share (usually 50%), prior written consent from the other parent is essential. If you proceed with the purchase without this agreement, the expense will remain entirely your responsibility, and you will have no right to take legal action to recover the sum.

Who pays for fines incurred by the son with the scooter?

Administrative sanctions for traffic violations are personal debts of the offender or, if a minor, of the parents jointly and severally. However, in internal relations between separated parents, fines do not fall under the concept of maintenance or extraordinary educational expenses. Usually, the economic responsibility falls on the parent who had custody at the time or, even better, they should be paid by drawing, if possible, from the child's own resources to make them responsible, unless otherwise agreed between the parties.

Does scooter insurance fall under the maintenance allowance?

No, scooter insurance is not included in the ordinary maintenance allowance, which covers food and housing. It is an accessory expense to the vehicle. If the purchase of the vehicle was agreed upon by the parents, then insurance and road tax should also be split as extraordinary expenses. If, however, the vehicle was purchased by only one parent without the other's consent, then running costs such as insurance will also remain the responsibility of the purchasing parent.

Request a Case Evaluation

Managing extraordinary expenses is a technical matter that requires precision to avoid losing money or further damaging family relationships. If you find yourself in disagreement with the other parent regarding the purchase of a vehicle, the payment of a driver's license, or the division of accessory expenses, it is crucial to act with awareness of your rights and obligations. Avv. Marco Bianucci is available at his Milan office to analyze your specific situation, examine existing agreements, and advise you on the best strategy to protect your interests and those of your children.