Who pays for extraordinary expenses to the minor in case of separation?

The separated father, if wealthy, must pay up to the 80% of extraordinary expenses to the minor. This was decided by the Italian Court of Cassation with sentence 21273/2013.

Meanwhile, the Italian Supreme Court declares that burdening the father with both ordinary needs and the 80% of extraordinary expenses does not represent a conflict nor a duplication of contribution.

The Court reiterates that the obligation to contribute to minor’s needs comes at both parents’ expense, if working and generating income, in proportion to their financial means, according to art.147 and 148 of Italian Civil Code, as a direct application of art.30 Cost., and art.155 of the Italian Civil Code, the judge may set if necessary, the payment of a periodic alimony, in order to comply with such principle of proportionality. Moreover, in establishing the amount of the alimony for the minor, the judge must take into account the daughter’s needs, including requirements, habits, legitimate aspirations of the daughter, and her life perspectives in general, which will be affected by the socio-economic status of the father.