Investigations Rediscussion of Maintenance Allowance

Investigations Review of Maintenance Allowance: when they are necessary and how to proceed in the best way.

Investigations for rediscussion of maintenance allow the spouse to request a review of the value of maintenance previously established. This process can be triggered by significant changes in financial or personal circumstances, such as changes in income, new family responsibilities or other relevant reasons.

With these assumptions, investigations are initiated, the outcome of which is always detailed in investigative reports that can be produced in court together, when requested, with the sworn testimony of our agents.

When is it possible to request a renegotiation of maintenance allowance?

Art. 156 Civil Code

"The judge, by pronouncing the separation, establishes for the benefit of the spouse who is not attributable to the separation the right to receive from the other spouse what is necessary for his maintenance, if he does not have adequate income of his own."

"The extent of this administration is determined in relation to the circumstances and income of the obligor"

"The obligation to provide the maintenance referred to in articles 433 et seq. remains unchanged"

If justified reasons arise, the judge, upon request of a party, may order the revocation or modification of the measures. It is widely known that the amount of maintenance is not a static figure destined to remain unchanged forever.

On the contrary, it can be modified, and the revision can be requested when there is a change, positive or negative, in the economic situation of the ex-spouse who must make the payment or of the beneficiary. As a result, the previously established amount may be subject to increase or reduction, depending on the specific circumstances.

Investigations Rediscussion Maintenance Allowance: how necessary are they?

New cohabitation of the ex-spouse (so-called more uxorio cohabitation)

If the ex-spouse, recipient of the maintenance allowance, establishes a new stable and long-lasting cohabitation, the obligation to pay the maintenance allowance lapses. It is therefore not necessary for the ex-spouse to remarriage, but it is sufficient for it to create a new solid family context. This circumstance leads to an improvement in the economic situation of the ex-spouse such as to cause the payment of maintenance allowance to lapse. This circumstance does not include maintenance for children. However, if it is the ex-spouse who has to pay maintenance to establish a new cohabitation, the same does not inhibit his obligation to pay maintenance.

Change in work situation

This circumstance refers to both spouses. If there is a change in the employment situation of both the receiving ex-spouse and the one obligated to pay maintenance, a reassessment may be requested. Such situations may include: the existence of a new job for the receiving party or a reduction/decrease in salary or loss of job of the obligated party.

Revaluation of maintenance allowance if the ex-spouse carries out undeclared work activities (so-called under the table)

What happens if the ex-spouse carries out undeclared work activities? In this case it is the parties who must provide the judge with the elements to decide the so-called burden of proof. The Court of Cassation has expressed its opinion on this matter with numerous sentences. Sentence 19042/2003 affirms the principle according to which maintenance allowance must take into account factual conditions, including income received from work, even if carried out without a regular contract. Again with Sentence 21047/2004, the Court stated that "The income from illegal work can deny the maintenance allowance. In the case of separation, the judge, in reconstructing the financial situations of the respective spouses, in order to verify the suitability for maintaining the previous standard of living, may take into account income from undeclared work".

What happens during separation in the case of undeclared sums? Click here and read the article

In order to evaluate the existence of new situations, suitable for requesting a revaluation of the maintenance allowance, it is possible to contact an Investigative Agency. The Alpine Investigation Agency has been carrying out investigations for the re-evaluation of maintenance allowance for over 30 years, all the evidence can be produced in court and is to be considered decisive for the purpose of the re-evaluation.

The general principle is to pay a sum of money to the economically weaker spouse from one spouse to the other to fulfill the obligation of material assistance. The calculation of the amount to be paid is proportional to the income situation and is regulated by art. 156 of the Civil Code.

Relying on an Investigation Agency allows you to acquire data and evidence aimed at determining:

Document the financial status of the ex-spouse; Ascertain any work activities, even undeclared ones; Determine the standard of living; Determine the existence of a new emotional/family bond.

Read also: when maintenance is due.

Rediscussion of child support, how investigations are carried out

Always taking into consideration the objective that the client wants to achieve, for example acquiring useful data and evidence in order to request the revocation of the maintenance allowance or its increase, the investigations are carried out through:

Verification of movements at agreed times, through static (so-called stalking) and dynamic (so-called shadowing) visual monitoring activities; Use of GPS satellite systems, as foreseen and authorized by Ministerial Decree 269 of 1 December 2010; Osint-based intelligence techniques ( Open Source Intelligence), HiumInt and SocMint; At the end of the investigations, a written report is provided that can be produced in court accompanied by photographic evidence and videos; Documentation via films and/or photos; List of employees who carried out the investigation for a possible call to as witnesses in court at the competent court.

Relying on an Investigative Agency means being able to demonstrate the changes in the financial/emotional situation of the ex-spouse through documentation legally recognized by the Court and consequently acquiring decisive data and evidence to request the revaluation of the maintenance allowance.

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