The Universal Single Allowance in the Context of Separation

The end of a marriage or cohabitation introduces numerous complexities, especially when children are involved. One of the most recent and debated issues concerns the management of the Universal Single Allowance. Understanding how this important financial support should be divided between separated parents is crucial to ensure peace for the children and prevent unnecessary conflicts. As an experienced family law attorney in Milan, lawyer Marco Bianucci assists parents daily in navigating this transition, ensuring that every decision is made in full compliance with regulations and, above all, in the exclusive interest of the minors.

The Regulatory Framework: How the Division Works

The Universal Single Allowance for dependent children, introduced by Legislative Decree 230/2021, has replaced several previous measures, creating a single support tool for families. The law establishes a clear general rule: in case of separation, the allowance is due in equal measure to both parents, at 50%, regardless of who has custody of the children. This provision aims to strengthen the principle of co-parenting, recognizing the equal right and duty of both parents to contribute to the children's maintenance. However, practice can present exceptions. Parents can, by mutual agreement, decide that the entire amount be paid to one of them, usually the one with whom the children predominantly live. In the absence of an agreement, the default 50% division applies.

The Judge's Role in Case of Disagreement

When parents cannot reach an agreement on the division, the matter can be brought before the Court. The judge, after evaluating the specific situation, may order different payment arrangements. For example, they might decide to award 100% of the allowance to the custodial parent if it is deemed more functional to guarantee the child's primary needs, especially in contexts of high conflict or when one parent proves to be non-compliant with their financial obligations. It is crucial to emphasize that the Universal Allowance does not replace the maintenance allowance but supplements it, representing an additional contribution to cover expenses for the children.

The Approach of the Bianucci Law Firm

Handling the division of the Universal Allowance requires an approach that is both pragmatic and sensitive. The approach of lawyer Marco Bianucci, an experienced family law attorney in Milan, focuses on finding consensual and sustainable solutions. The primary goal is to protect the child's interest, preventing financial issues from fueling tensions between parents. The firm offers strategic advice to analyze the family and financial situation, clearly explaining the rights and duties of each parent and helping to formalize agreements that can prevent future disputes. Where dialogue is not possible, the firm provides complete legal assistance to defend the client's case in court, aiming to obtain a fair and legally compliant ruling.

Frequently Asked Questions

Who is entitled to the universal allowance in case of separation?

As a rule, the universal allowance is due at 50% to each parent. However, parents can agree that the entire amount be paid to only one of them. In the absence of an agreement, each parent can submit an application for their 50% share directly to INPS.

How is the universal allowance divided in case of sole custody?

Even in cases of sole custody, the general rule of 50% division remains valid, unless there is a different agreement between the parties or a specific court decision. The principle is that the burden of maintenance falls on both parents, and the universal allowance is a contribution to this burden. However, the judge may order the payment of 100% to the sole custodial parent if deemed appropriate for the child's well-being.

What to do if the other parent collects 100% of the universal allowance without an agreement?

If one parent collects the entire allowance without the other's consent, the latter can take action to obtain their share. The first step is to modify the application to INPS, requesting the credit of their 50%. If this is not sufficient or if one wishes to recover past sums, it is necessary to initiate legal action with the assistance of a lawyer.

Does the universal allowance replace the maintenance allowance for children?

No, absolutely not. The Universal Single Allowance is a financial support measure that is in addition to, and does not replace, the periodic maintenance allowance. The amount of the maintenance allowance is determined by the judge or agreed upon by the parties, taking into account various factors, and the existence of the universal allowance may be one of the elements considered in the overall assessment of the parents' financial capacity.

Managing the Universal Allowance with Clarity: Request a Consultation

Financial issues related to separation can be a source of great stress and uncertainty. Ensuring the correct and peaceful management of the Universal Allowance is a crucial step to guarantee your children's stability. If you have doubts about the division or are facing a disagreement with the other parent, seeking advice from an experienced family lawyer is the wisest choice. The Bianucci Law Firm, based in Milan, offers targeted consultations to analyze your specific case and define the best strategy. Contact lawyer Marco Bianucci for an assessment of your situation and to receive clear and competent legal assistance.