When failure to pay extraordinary expenses can constitute a crime

The recent ruling no. 19715/2025 of the Court of Cassation provided important clarifications regarding parental financial obligations and the criminal implications of failure to pay extraordinary expenses following a separation or divorce.
The case concerned the conviction of a man who, for a long period (from 2013 to 2017), had evaded payment of child support, spousal support, and 50% of extraordinary expenses, as required by the provisions issued in the separation and divorce proceedings.

What are extraordinary expenses?
Extraordinary expenses are those non-routine, generally unforeseeable or non-recurring costs incurred for children's significant needs: medical care, non-compulsory schooling, sports or artistic activities, psychological expenses, and other needs not covered by the monthly allowance alone.
Their distribution between parents is governed by the judicial title (judgment or approved agreement) and constitutes an integral part of the maintenance obligation established by art. 147 of the Civil Code and also referred to in criminal proceedings.

The heart of the ruling: Article 570-bis of the Criminal Code and parental obligations
The Supreme Court has held that failure to pay extraordinary expenses, if provided for by a court order or an agreement between spouses, constitutes the crime of violation of family support obligations, pursuant to Article 570-bis of the Criminal Code, provided that the breach is serious, substantial, and not occasional.
It is not necessary for the individual to fail to make all payments: even partial non-compliance, if it concerns an essential component of maintenance—such as extraordinary expenses—can constitute criminal conduct.

The principles set forth by the Court of Cassation
With detailed reasoning, the judges highlighted that:
* the right to child support includes not only the monthly allowance, but also the contribution to extraordinary expenses;
* the violation of the obligation to contribute to such expenses, if significant in amount and duration, may harm the children's right to means of subsistence;
* failure to comply is criminally relevant when it compromises the economic balance of the family and the best interests of the minor.

When the crime is configured
The Court clarifies that not every omission constitutes a crime. A concrete assessment of the seriousness, amount of the unpaid amount, and duration of the breach is necessary. This is to prevent any simple civil dispute from escalating to criminal proceedings.

The impact on separated parents
This ruling represents an important point of reference for those involved in conflictual family dynamics, whether as a mandatory parent or a custodial parent. Failure to meet financial obligations can lead to serious criminal consequences.

Conclusion
The Court of Cassation's ruling 19715/25 offers a systematic interpretation of the civil and criminal laws regarding maintenance obligations, underlining the importance of fully complying with the financial provisions contained in separation or divorce orders.
For those facing similar issues, it is essential to fully understand their rights and responsibilities and act consciously to protect their children's interests and avoid legal risks.