Child Support: The Options

The end of a union brings complex decisions, especially when children are involved. One of the most frequent and delicate questions concerns how to contribute to their support: is the traditional periodic allowance preferable or the more modern direct support? This choice is not just economic, but profoundly affects the daily management of the children's lives and the relationship between parents. As a family lawyer in Milan, lawyer Marco Bianucci assists parents daily in identifying the most balanced solution, always prioritizing the best interests of the minors.

The Periodic Support Allowance: Certainty and Predictability

The periodic support allowance is the most traditional form of contribution. It consists of the payment of a fixed sum of money, usually monthly, by the parent with less custody (or less time with the children) to the parent who primarily lives with the children. Its main advantage lies in the certainty and predictability of income for the parent managing the children's daily lives, simplifying family budget planning. However, it can be rigid and sometimes perceived as a mere economic obligation, not always conducive to promoting active participation of both parents in the children's lives.

Direct Support: Sharing and Flexibility

Direct support is a more recent method, reflecting a more equal view of parenthood in shared custody. With this approach, each parent directly provides for the children's needs during their time with them, covering direct expenses (food, utilities, etc.). More significant expenses, such as medical, educational, or sports-related costs, are divided between the two parents according to specific agreements or based on their respective financial capacities. This solution promotes greater responsibility and sharing of choices, but requires a high level of dialogue and collaboration between ex-partners, as it can otherwise become a source of continuous conflict.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is not based on predefined formulas but on an in-depth and personalized analysis of each family unit. Understanding the relational dynamics, the financial capacity of both parents, and the real needs of the children is the starting point for building a support plan that is sustainable over time and truly functional. The choice is not between an absolutely right and a wrong solution, but between the one best suited to the specific situation.

During the consultation, we will evaluate with you the pros and cons of each option in your specific case. The periodic allowance can ensure stability in high-conflict situations, while direct support, if conditions permit, can foster more shared parenting. Our assistance aims to define a clear agreement that minimizes future conflicts, precisely regulating not only ordinary expenses but also extraordinary ones, which are often the main source of post-separation disputes.

Frequently Asked Questions

Does direct support completely exclude an allowance?

Not necessarily. Often the best solution is a hybrid one. In cases of significant economic disparity between parents, a judge may order direct support for daily expenses, supplemented by an equalization payment. This smaller contribution serves to ensure that the children maintain a similar standard of living in both households, compensating for income differences.

What are extraordinary expenses and how are they divided?

Extraordinary expenses are unpredictable or significant costs that do not fall under ordinary management (e.g., specialist medical visits, sports activities, educational trips). It is crucial that the separation or divorce agreement lists them in detail, specifying which require the prior agreement of both parents. They are usually divided 50/50, but different percentages can be agreed upon based on income.

Does the judge prefer direct support or an allowance?

The guiding principle for any judge is exclusively the best interests of the child. Although the periodic allowance is historically the most consolidated practice, courts, including those in Milan, are increasingly open to evaluating direct support, especially in cases of truly shared custody and collaborative parents. The final decision always depends on the concrete circumstances of the case.

What happens if a parent does not contribute as agreed in direct support?

The absence of a fixed sum can make it more complex to assert one's rights in case of non-compliance. Therefore, it is crucial that the agreement approved by the court is extremely detailed. If a parent does not pay their share of an agreed-upon expense, the other can take legal action to obtain reimbursement, but the procedure may be less immediate than garnishing wages for an unpaid allowance.

The Right Choice for Your Family: Contact the Firm

Choosing between direct support and a periodic allowance is a decision that will have a lasting impact on your children's well-being and your financial stability. Facing this transition with the support of a competent professional is essential to protect your rights and, above all, the welfare of the minors, ensuring clear and future-proof agreements.

If you are facing a separation or divorce in Milan and wish for clear and strategic advice, contact the Bianucci Law Firm. Lawyer Marco Bianucci, with his consolidated experience as a family lawyer, will guide you in analyzing your situation to identify the most suitable solution. You can request an initial consultation at our office at Via Alberto da Giussano, 26.