Understanding the calculation of maintenance payments

The determination of maintenance payments, whether for a spouse or for children, is one of the most delicate and complex aspects of separation or divorce proceedings. It is an issue that intertwines economic, legal, and emotional factors, often generating uncertainty and concern. Understanding which factors are taken into consideration by the Court and how a fair amount is determined is the first step towards navigating this process with greater awareness. As an expert family law attorney in Milan, lawyer Marco Bianucci deals with these issues daily, guiding his clients towards balanced solutions that protect the rights of all parties involved, with a primary focus on the well-being of minors.

Legal and jurisprudential criteria

The calculation of maintenance payments is not based on absolute mathematical formulas but on a careful assessment of various elements provided by law and established by case law. It is crucial to distinguish between payments for the ex-spouse and those for the children. For the economically weaker spouse, the historical criterion of the 'standard of living' enjoyed during the marriage has been progressively reduced by the Supreme Court of Cassation. Today, maintenance payments have a predominantly welfare, compensatory, and equitable function, aimed at recognizing the contribution made by the spouse to family life and ensuring their economic self-sufficiency, taking into account factors such as the duration of the marriage, age, health status, and work capabilities.

Regarding child maintenance payments, the core principle is their right to maintain a standard of living similar to that they had before their parents' separation. The calculation considers the child's current needs (from education to health, including recreational activities), the standard of living enjoyed, the time spent with each parent, and the economic value of domestic and care tasks undertaken. Both parents are required to contribute in proportion to their income and assets, including not only salary but also real estate, movable property, and other sources of wealth.

The MoCAM model and other protocols

To guide the calculation, some Courts have developed protocols or calculation models. In Milan, for example, the MoCAM model (Model for the Calculation of Maintenance Payments) is well-known, which uses a statistical-mathematical approach to suggest an amount based on the parties' incomes, custody arrangements, and other variables. It is important to note that these tools, while useful, are not binding on the judge. They represent a starting point, a reference for discussion, but the final decision remains anchored to a comprehensive and personalized assessment of the specific case, considering all the particularities of the family situation.

The approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert family law attorney in Milan, is based on a meticulous and in-depth analysis of the financial and income situation of both parties. The strategy is not limited to a mere application of models but aims to faithfully reconstruct the real economic capacity of the spouses, including through asset investigations if necessary. The primary goal is to facilitate the achievement of a consensual agreement that proves sustainable over time and prevents future conflicts. When judicial proceedings are unavoidable, the Bianucci Law Firm ensures rigorous defense, presenting the judge with a clear and documented picture to obtain a just and equitable ruling, always with full respect for people's dignity and the protection of children.

Frequently Asked Questions

How is child maintenance calculated?

The calculation is based on several factors: the child's concrete needs (school, sports, health), the previous standard of living, the time spent with each parent, and, above all, the incomes and assets of both parents. There is no national table; rather, a proportional assessment is made on a case-by-case basis.

What happens if my ex doesn't pay child support?

Failure to pay child support is a serious breach of obligation. Legal action can be initiated for forced recovery of sums (such as garnishment of salary or bank account) and, in more serious cases, non-payment can constitute the crime of violating family support obligations, which is punishable by law.

Is the MoCAM model mandatory for judges in Milan?

No, the MoCAM model is not mandatory. It is a guidance tool used by the Court of Milan to promote consistency in judgments, but the judge retains full discretion in deciding the amount of maintenance, and may deviate from the model's results based on the specific circumstances of the case.

Can maintenance payments be modified over time?

Yes, the amount of maintenance payments, both for a spouse and for children, can be modified if justified reasons arise. For example, a significant and stable change in the income of one of the spouses, the children achieving economic independence, or the obligated party forming a new family unit.

Contact lawyer Marco Bianucci for an assessment of your case

Determining maintenance payments requires legal expertise, sensitivity, and a strategic approach. If you are going through a separation or divorce and wish to understand your rights and obligations, you can contact the Bianucci Law Firm. Contact lawyer Marco Bianucci, a family lawyer in Milan, to receive tailored legal advice and a comprehensive assessment of your specific situation. The firm is located at Via Alberto da Giussano, 26 in Milan.