Extraordinary Expenses for Children: Criminal Cassation No. 19715/2025 and the Crime of Violation of Family Assistance Obligations

The maintenance of children represents one of the most delicate and complex aspects in cases of separation or divorce. Beyond the periodic allowance, doubts and disputes often arise regarding so-called "extraordinary expenses". The Court of Cassation, with criminal judgment no. 19715 of April 4, 2025 (filed on May 27, 2025), has provided a fundamental clarification, reiterating a principle already consolidated but of extreme importance: the non-payment of such expenses can constitute a real crime.

The Regulatory Context and the Delicate Issue of Extraordinary Expenses

The Italian legal system, through Article 147 of the Civil Code, imposes on parents the duty to maintain, educate, and bring up their children. In cases of separation or divorce, this duty is concretized through the payment of a maintenance allowance and participation in extraordinary expenses. The distinction between ordinary and extraordinary expenses is not always clear-cut, but jurisprudence has, over time, developed criteria for identifying them. Ordinary expenses are those that are foreseeable and quantifiable, included in the maintenance allowance (e.g., food, housing, basic clothing). Extraordinary expenses, on the other hand, are those that are unforeseeable or, in any case, significant in amount, not included in the allowance, which may concern health, education, sports, or recreational activities (e.g., specialized medical care, school trips, enrollment in sports courses).

Article 570-bis of the Criminal Code punishes the violation of family assistance obligations in cases of separation or dissolution of marriage, specifying that "The provisions of the first paragraph also apply in cases of legal separation, dissolution or cessation of the civil effects of marriage, as well as dissolution of a civil union, when the obligated party does not pay, in whole or in part, the maintenance allowance due to the spouse or ex-spouse, to the children or to the ex-partner of the civil union." The central issue, often debated, is whether extraordinary expenses fall within these "obligations of an economic nature".

The Ruling of the Cassation and Its Meaning

Judgment no. 19715/2025, annulling without referral a previous decision of the Court of Appeal of Bologna, has forcefully reaffirmed the principle that extends the scope of Article 570-bis of the Criminal Code to extraordinary expenses. Here is the full ruling:

The crime of violation of family assistance obligations in cases of separation or dissolution of marriage is constituted by the non-payment of extraordinary expenses, provided for in the judicial title or in an agreement between spouses, intended to meet the needs of children that are foreseeable in their recurrence at more or less wide intervals, as well as unforeseeable expenses that are essential for the interest of the aforementioned, as the criminal provision of Article 570-bis of the Criminal Code refers not only to the allowance but, more generally, to obligations of an economic nature regarding child custody, which, along with the allowance, share the nature of means of contribution to maintenance.

This ruling is of crucial importance because it definitively clarifies that the crime of violation of family assistance obligations is not limited to the mere non-payment of the "ordinary" maintenance allowance. The Cassation emphasizes that extraordinary expenses, if provided for by a judge's order (such as the separation or divorce decree) or by an agreement between parents, also fall within the "obligations of an economic nature" whose non-fulfillment can have criminal consequences. The Court distinguishes between:

• Extraordinary expenses foreseeable in their recurrence: although "extraordinary" compared to the basic allowance, these are expenses that occur with a certain regularity, such as annual enrollment in a private school or a sports course.
• Unforeseeable but essential expenses: these are expenses that arise suddenly but are essential for the child's well-being and interest, such as urgent medical treatment or the purchase of orthodontic appliances.

In both cases, provided they were foreseen in the judicial title or in an agreement, non-payment constitutes the crime. The rationale behind this interpretation lies in the fact that both the allowance and extraordinary expenses are "means of contribution to the maintenance" of children, aimed at ensuring them a dignified existence and the satisfaction of their needs.

Practical Implications and Protection of Minors

The Cassation judgment no. 19715/2025 further strengthens the protection of minors, ensuring that parents are fully responsible for their maintenance in all its forms. For the parent who benefits from the expenses, this means having a more incisive legal tool to assert their rights and those of their children. For the obligated parent, it is a warning to scrupulously comply with what has been established by the judge or agreed upon, under penalty of incurring criminal liability.

It is important to remember that, for the crime to be constituted, the non-fulfillment must be significant and not occasional, and the extraordinary expense must have been previously agreed upon or authorized, or in any case specifically provided for in the judicial order. Lower courts have often required that extraordinary expenses of greater magnitude be previously agreed upon between parents or, in case of disagreement, authorized by the judge, precisely to avoid disputes and abuses.

Conclusions

The judgment of the Court of Cassation no. 19715/2025 represents a firm point in jurisprudence regarding the maintenance obligations of children. It clearly reiterates that the protection of minors' needs is not exhausted by the payment of the ordinary allowance but extends to all those expenses, both foreseeable and unforeseeable but necessary, that contribute to their development and well-being. Parents and legal professionals must take into account this extensive interpretation of Article 570-bis of the Criminal Code, which elevates the non-fulfillment of obligations related to extraordinary expenses to a criminally relevant conduct, emphasizing the importance of careful and responsible management of economic commitments undertaken or imposed for the care of offspring.