Facing your child's university journey is a moment of great pride, but it can turn into a source of significant stress if the ex-partner refuses to contribute to the expenses. The failure to pay university fees, textbooks, or rent for students living away from home is a frequent issue after a separation or divorce. As an experienced lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the concerns of parents who find themselves having to bear this financial burden alone, jeopardizing their children's right to education.

The Legal Framework: Extraordinary Expenses and the Right to Education

In Italian family law, expenses for university education generally fall under the category of extraordinary expenses. Unlike the monthly maintenance allowance, which covers ordinary living needs, extraordinary expenses must be agreed upon in advance, with some exceptions, and divided between parents according to percentages established by the judge, often at fifty percent each. It is crucial to clarify that the obligation to provide maintenance does not automatically cease upon the child reaching the age of majority, but continues until the latter achieves economic independence, provided they demonstrate a diligent commitment to their studies.

When a parent evades this obligation, ignoring separation agreements or divorce decrees, they not only infringe upon the rights of the other parent but, above all, the child's right to build a professional future. Case law is now well-established in considering university fees and textbooks as necessary extraordinary expenses, for which the consent of the other parent is often presumed, given the importance of higher education.

The Approach of the Bianucci Law Firm in Milan

Addressing the ex-spouse's refusal requires clarity and a targeted strategy. The approach of Avv. Marco Bianucci, a family lawyer in Milan, is based on a careful and personalized analysis of the judge's order governing the relationship between the parents. The first step always involves verifying the exact wording of the clauses relating to extraordinary expenses to determine the scope of legal action.

The primary goal of the Bianucci Law Firm is to resolve the dispute as quickly and effectively as possible, prioritizing, where appropriate, an out-of-court notice aimed at obtaining voluntary reimbursement of sums advanced. However, if the ex-partner persists in their non-compliance, Avv. Marco Bianucci is prepared to activate all necessary judicial tools, such as an application for a payment order or a writ of execution, to protect the economic rights of the compliant parent and ensure the child has the necessary peace of mind to continue their university studies.

Frequently Asked Questions

Do I need to ask my ex for permission before enrolling our child in university?

Generally, the choice of university course is a decision of major interest to the child that requires the agreement of both parents. However, if the university is public and aligns with the child's previous course of study, consent is often considered implicit. In the case of private or particularly expensive universities, it is advisable to seek a prior, formal agreement to avoid subsequent disputes over expense reimbursement.

What can I do if I have already paid all the university fees myself?

If you have advanced the full amount of university expenses and these fall within the extraordinary expenses provided for in your separation or divorce agreement, you have the right to request reimbursement of the portion owed by the other parent. It is advisable to carefully keep all payment receipts and send a formal request for reimbursement by registered mail or certified email.

Until when is the ex-spouse obligated to pay for university?

The obligation to contribute to university expenses, as well as general maintenance, does not have a fixed deadline related to age. It continues until the child achieves economic independence. However, this right is not unlimited: the child must demonstrate that they are attending university with good results and passing exams within the expected timeframe. If the child has been enrolled for many years without a justified reason, the judge may revoke the obligation to provide financial support.

Protect Your Child's Future: Contact the Bianucci Law Firm

Ensuring your child's right to education is an absolute priority. If you are facing your ex-partner's refusal to contribute to university expenses and need to understand your legal options, it is essential to act promptly. Contact Avv. Marco Bianucci to schedule an initial consultation at the Milan office located at via Alberto da Giussano, 26. Together, you can analyze the details of your specific situation and define the most appropriate strategy to protect your rights and your child's educational path.