Shared Custody and Financial Management: The Principle of Proportionality

Managing family crises brings complex questions, especially when it comes to ensuring the well-being of children and the economic balance between parents. One of the most debated issues concerns joint custody, meaning a parenting arrangement where children spend equivalent, or nearly equivalent, time with each parent. As an experienced family law attorney in Milan, Avv. Marco Bianucci often observes the mistaken belief that simply dividing time equally (the so-called 50/50) automatically eliminates any maintenance payments. The legal reality is more nuanced and requires careful analysis of the principle of proportionality enshrined in the law.

The Civil Code states that each parent must contribute to the maintenance of the children in proportion to their income. In the context of joint custody, the preferred form of contribution is direct maintenance: each parent, during the time the child is with them, directly provides for their daily needs, such as food and housing. However, the legislator and the jurisprudence of the Court of Cassation clarify that, if there is a significant disparity in the economic resources of the two parents, direct maintenance alone is not sufficient to guarantee the child the same standard of living in both homes. In such cases, an equalization payment is necessary.

Direct Maintenance or Equalization Payment: How to Navigate

Understanding the difference between these two methods is crucial for correctly setting up separation or divorce agreements. Direct maintenance implies that the parent purchases goods and services for the child without having to pay money to the other parent for those specific expenses. This model ideally works when parents have similar incomes and identical periods of time with the child. However, legal practice shows that perfect parity is rare. If one parent earns significantly more than the other, even with equal caregiving time, the judge or the agreement between the parties will provide for a maintenance payment as a balancing adjustment (or equalization payment). This instrument serves to rebalance the positions and prevent the child from experiencing fluctuations in their standard of living when moving between parents.

The Bianucci Law Firm's Approach in Joint Custody Cases

The approach of Avv. Marco Bianucci, a family law attorney in Milan, deviates from the mechanical application of predefined tables or standards. Each family has its own unique economic and relational circumstances that must be respected. When handling joint custody cases, the firm meticulously reconstructs the financial and income capacity of both parties, evaluating not only monthly income but also real estate assets and fixed expenses. The goal is to build a sustainable agreement over time that favors direct maintenance where possible, valuing parental responsibility, but does not hesitate to provide for economic adjustments when necessary for the child's protection.

The firm's strategy aims to prevent future conflicts: clearly defining which expense categories fall under direct maintenance (e.g., school lunches, ordinary clothing, sports activities) and which must instead be shared as extraordinary expenses or covered by the equalization payment is the best way to ensure peace of mind for parents and children. The experience gained by Avv. Marco Bianucci allows for anticipating the typical critical issues of 'two-home' arrangements, proposing practical solutions that reduce opportunities for daily conflict.

Frequently Asked Questions

If the children are with me 50% of the time, do I have to pay maintenance?

There is no automatic answer. Even with equal time spent with the children, if your income is significantly higher than the other parent's, the court may order an equalization payment from you. The law's objective is not mathematical parity of accounts between adults, but to ensure the child has the same standard of living with both parents.

What exactly is meant by direct maintenance?

Direct maintenance includes all expenses that the parent incurs for the child while the child is with them. This category includes expenses for food, grocery shopping, household utilities related to the child's stay, and often the purchase of ordinary clothing or immediate consumables.

How are extraordinary expenses managed in joint custody?

Extraordinary expenses (such as medical expenses not covered by national health services, study trips, competitive sports) fall outside both ordinary direct maintenance and the equalization payment. As a rule, they are split 50/50 between the parents, but in the presence of significant income disparities, Avv. Marco Bianucci may request a different division, proportional to incomes (e.g., 70% and 30%).

Can I request the revocation of the maintenance payment if I switch to joint custody?

The transition to joint custody is a change in circumstances that may justify a review of financial agreements. If you were previously paying a maintenance payment calculated on limited visitation rights, the increase in caregiving time and the resulting direct expenses may be grounds to request a reduction or, in cases of equivalent incomes, the revocation of the payment. However, a specific case evaluation is necessary.

Request an Evaluation of Your Case in Milan

The financial management of shared custody requires expertise and precision to prevent money from becoming a tool of conflict to the detriment of the children. If you are going through a separation and wish to better understand how to apply direct maintenance or assess the appropriateness of a maintenance payment, Avv. Marco Bianucci is at your disposal. At the firm's office at via Alberto da Giussano 26 in Milan, you can receive a detailed analysis of your situation and a legal strategy aimed at protecting your rights and the well-being of your children.