The decision to enroll a child in a foreign university represents a crucial moment for many families, especially in a dynamic and international reality like that of Milan. While on one hand there is pride in offering an excellent educational path, on the other hand, complex questions often arise regarding the division of expenses between parents, especially in contexts of separation or divorce. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci understands that the central issue is not just the desire to support children's ambitions, but the concrete economic sustainability of such a choice in relation to the family budget.

The Regulatory Framework: Right to Education and Economic Capacity

In our legal system, the obligation to support children does not automatically cease upon reaching the age of majority, but continues until the young person achieves economic independence or, through their own fault, is unable to achieve it. This principle certainly includes the right to attend university, even abroad, if such a path aligns with the child's aspirations and abilities. However, jurisprudence is clear in establishing a fundamental limit: the principle of proportionality.

Expenses for a foreign university, which often involve high tuition fees and significant living and accommodation costs, must be compatible with the parents' financial situation. There is no automatic obligation for a parent to finance elite study paths if they compromise the parent's economic stability or if they have not been previously agreed upon. The Court of Cassation has repeatedly reiterated that the child's right to follow their own inclinations must always be weighed against the economic reality of the family of origin.

The Approach of the Bianucci Law Firm

Avv. Marco Bianucci, thanks to his extensive experience as a lawyer specializing in family law in Milan, addresses these delicate issues with an analytical and pragmatic approach. When it comes to extraordinary expenses of such magnitude, such as tuition fees for universities in the United Kingdom or the United States, legal intervention aims to prevent litigation through a prior assessment of the reasonableness of the expense.

The firm's strategy focuses on a detailed analysis of income and assets to determine whether the request for contributions for studies abroad is sustainable or constitutes an excessive claim. The goal is to protect the child's interest in receiving the best possible education, while simultaneously protecting the client from disproportionate financial outlays that do not take into account the actual standard of living. In negotiations or legal proceedings, Avv. Marco Bianucci works to establish clear agreements that define not only the division of tuition fees but also the time limits and academic performance required to maintain the contribution.

Frequently Asked Questions

Is a parent obligated to pay for a private university abroad if they do not agree?

In general, extraordinary expenses of significant amount, such as enrollment in a private foreign university, require the prior agreement of both parents. If a parent enrolls the child without the consent of the other, they may not be entitled to reimbursement of their share, unless the judge deems that choice absolutely necessary and compatible with the family's standard of living and the child's abilities. The absence of prior agreement is often a source of litigation.

How is it assessed whether the expense for studying abroad is sustainable?

The assessment is made by examining the parents' tax returns, movable and immovable assets, and other financial obligations. A lawyer specializing in family law will analyze whether the cost of tuition and living abroad disproportionately impacts available resources, risking depriving the parent of the means necessary for their own sustenance or that of other children.

How long does the obligation to provide for studies abroad last?

The obligation remains until the child achieves economic independence, but it is not indefinite. Judges rigorously assess the commitment to studies: the child must demonstrate that they attend courses with profit and are up-to-date with exams. Unjustified delays or an excessively long study path without concrete results can lead to a reduction or cessation of maintenance payments.

Do scholarships affect maintenance payments?

Yes, obtaining a scholarship or a student loan reduces the burden on parents. If the child receives sums that partially or fully cover living, accommodation, or tuition expenses, the amount due from parents for extraordinary expenses or ordinary maintenance must be proportionally reduced.

Request an Assessment of Your Case

Managing university expenses abroad requires careful planning to avoid future conflicts and ensure the child's educational path is peaceful. If you find yourself needing to discuss or revise maintenance agreements for international studies, it is essential to act with awareness of your rights and duties. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26. During an initial consultation, it will be possible to analyze your specific situation and define the most appropriate strategy to protect your interests and those of your children.