Extraordinary Expenses and Child Maintenance: The Very Recent Ruling of the Court of Cassation

The recent ruling of the Court of Cassation, no. 7169 of October 6, 2023, has brought to light a crucial issue regarding child maintenance in the event of separation between spouses. In particular, the ruling provided fundamental clarifications on the distinction between ordinary and extraordinary expenses, with significant implications for separated parents and the methods of requesting reimbursement for expenses incurred for their children.

The Case and Previous Decisions

In the case at hand, A.A. and B.B. had separated, and subsequently A.A. had sought reimbursement for expenses incurred for their child C.C., related to education, sports activities, and medical expenses. The Court of Taranto had initially accepted the request, recognizing the extraordinary nature of such expenses. However, the Court of Appeal of Lecce, in the appeal stage, deemed that many of these expenses were foreseeable and therefore not extraordinary.

In terms of child maintenance, extraordinary expenses are those that are not foreseeable and quantifiable at the time of determining the allowance.

The Distinction between Ordinary and Extraordinary Expenses

The Court of Cassation clarified that extraordinary expenses are characterized by their relevance, unpredictability, and imponderability, falling outside the ordinary living conditions of the children. It is essential, therefore, to understand which expenses fall into this category. According to the Court, ordinary expenses are those that recur with certainty over time and can be anticipated by one of the parents, while extraordinary expenses require specific verification and cannot be considered part of the maintenance allowance.

• School and university expenses: considered extraordinary if not foreseeable at the time of separation.
• Medical expenses: must be demonstrated as necessary and not fall within ordinary expenses.
• Extracurricular activities: evaluated in light of the child’s inclinations and abilities.

The Implications of the Ruling

The decision of the Court of Cassation, therefore, establishes an important principle: extraordinary expenses for children cannot be considered part of the maintenance allowance unless they have been previously agreed upon and are deemed unforeseeable at the time of determining the allowance itself. This approach safeguards the principle of proportionality and adequacy of maintenance, ensuring that children are not deprived of fundamental rights due to their parents' separation.

Conclusions

In conclusion, ruling no. 7169/2023 of the Court of Cassation represents an important clarification regarding the management of expenses for children in the event of separation. Parents must be aware of the distinctions between ordinary and extraordinary expenses and the legal implications that arise from them. It is crucial that both parents collaborate and agree on such expenses to ensure adequate and proportionate support for their children's needs.