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The recent orientation of the Supreme Court regarding child support, ordinary and extraordinary expenses.

  • 19/01/2021

The Court of Cassation, section I, with sentence of 13 January 2021, n. 379, in the matter of reimbursement of so-called expenses. overtime incurred by parents for the maintenance of the child has established that it is necessary, substantially, to distinguish between: a) the disbursements that are intended for the ordinary needs of the child and which, certain in their constant and foreseeable repetition even over time intervals, more or less extensive, they have the effect of integrating the maintenance allowance fixed by the judge or, also, consensually determined by the parents, they can be alienated by virtue of the original condemnation title adopted in the exercise of responsibility during separation, dissolution, cessation of civil effects, annulment, nullity of marriage or the outcome of proceedings relating to children out of wedlock, subject to an allegation that allows, with a mere hermeneutic operation, to preserve the characteristics of certainty, liquidity and collectability of the title itself; b) expenses which, unforeseeable and significant in their amount, capable of severing any link with the ordinary nature of the maintenance contribution allowance, require the exercise of an independent action for their effectiveness.

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