Maintenance payments may concern children, a separated spouse or a former spouse: I start with this distinction because the rules are not identical. If you have to pay or receive a contribution, you may wonder how much income affects it, whether a school expense is already included or what happens when a payment is missed.
In this guide I explain which elements matter in determining the amount and when a review may be requested. I want to help you distinguish between obligations already established and changes to be formalised, without confusing the needs of children with the financial relationships between adults.
What elements determine child maintenance
Article 337-ter of the Civil Code provides for a contribution proportionate to the parents’ resources. The child’s current needs, standard of living during cohabitation, time spent with each parent, financial resources and the value of household and caregiving duties all matter. This framework was introduced by d.lgs. 154/2013, art. 55.
There is no percentage of salary that applies to all families. Joint custody does not exclude maintenance payments: even where stays are similar, the distribution of expenses and financial differences matter. Child maintenance is automatically adjusted according to ISTAT indices, unless the parties or the court indicate a different parameter.
Which expenses may fall outside the maintenance payment
To determine whether an expense should be paid separately, I would start with the wording of the order or agreement: it may indicate categories, percentages and the need for prior consent. A protocol on expenses may guide the interpretation, after checking that it is referred to in the order and relevant to the circumstances.
The distinction does not depend solely on whether an expense is labelled educational or healthcare-related. Foreseeability and financial significance at the time the maintenance payment was determined also matter. The civil-law review of the Italian Supreme Court of Cassation from March 2024 refers to this assessment also for university and housing costs of a student living away from home, without automatically classifying them as extraordinary.
Separated spouse and former spouse: different requirements
In separation proceedings, Article 156 of the Civil Code permits maintenance in favour of the spouse who has not been held responsible for the separation and does not have adequate income of their own. Financial circumstances and the marital standard of living are relevant; the amount depends on the circumstances and the income of the person liable. A difference between salaries does not automatically establish entitlement.
After divorce, Article 5 of Law 898/1970 provides for different requirements. The payment has an assistance and equalising and compensatory function, taking into account financial imbalances also connected with shared family choices. Available means, objective ability to obtain them, the contribution to the family and assets, and the duration of the marriage all matter: the previous standard of living is not automatically restored.
Which documents I would examine to assess the amount
I would compare actual resources and documented needs: tax returns, payslips, assets, housing costs and the children’s expenses. The schedule of stays and the distribution of caregiving would help determine who bears the daily responsibilities. Monthly income alone does not necessarily provide a complete picture.
For an already established maintenance payment, I would compare the order and the previous financial documents with the current ones, distinguishing subsequent changes from circumstances already assessed. For an extra expense, I would examine the receipt, proof of payment and communications concerning the decision to incur it: the expense document alone does not resolve every dispute.
Modifying the payment or recovering amounts that are not paid
Reduced resources or new needs of the children may justify a modification, but their concrete impact must be documented. Article 337-quinquies of the Civil Code permits a request to review the contribution for children; in separation and divorce cases, the subsequent justified grounds provided for by the respective rules are relevant.
A request for review, by itself, does not modify the obligation currently in force. I would avoid unilateral reductions, suspensions or set-offs against direct purchases. If there is agreement, I would consider how to formalise it through the permitted instruments; otherwise, it is necessary to ask the court to modify the conditions.
In the event of non-payment, I would reconstruct the amounts actually due, distinguishing instalments, adjustments and extra expenses, and deducting the payments received. This avoids inaccurate claims: a partial bank transfer does not necessarily settle the instalment, but it must still be taken into account in the calculation.
Temporary orders concerning financial contributions are also immediately enforceable, pursuant to Article 473-bis.36 of the Code of Civil Procedure, introduced by d.lgs. 149/2022, art. 3. I would consider garnishment or, once the relevant requirements and formalities have been verified, direct payment by a third party required to periodically pay amounts to the debtor. The choice requires examination of the order, the default and the assets or claims subject to enforcement.
Frequently asked questions
Is there a fixed percentage of salary for maintenance?
No, there is no universal statutory percentage. For children, needs, both parents’ resources, periods of residence and caregiving duties matter. Different requirements apply to a separated spouse and a former spouse: applying a percentage to salary may overlook decisive elements.
Can I stop paying when my child turns eighteen?
No, reaching adulthood does not automatically extinguish the obligation. It is necessary to assess financial independence and, if it is lacking, the child’s educational path, commitment to seeking employment or another activity and the concrete possibility of achieving it. An already established maintenance payment should not be unilaterally stopped merely because the child has reached adulthood.
If I earn less, can I obtain a reduction?
You may request a review when the reduction in resources is significant and documented, but the reduction is not automatic. I would examine the reasons and duration of the change, the assets and needs of the beneficiary, and compare them with the circumstances considered in the previous determination.
Can I replace the maintenance payment by directly buying what the children need?
You cannot unilaterally replace the required payment with direct purchases. Gifts and expenses incurred voluntarily do not automatically become advances on the maintenance payment. Before changing the method of contribution, it is necessary to verify the order and formalise any different arrangement in the appropriate manner.
If the other parent does not pay, can I prevent contact with the children?
No, maintenance and contact are not an exchange. The default must be addressed through the remedies for protecting the credit, without making contact conditional on payment. Any issues concerning the children’s safety or well-being require a separate assessment and appropriate orders.