Maintenance allowance

The Italian law establishes that the maintenance, arranged in favor of one of the two spouses and / or children following a consensual or judicial separation, can be subject to revision or revocation in the event that new circumstances arise that change the economic status. personnel of the recipient subject on the basis of which the amount of the maintenance allowance was previously established. The maintenance allowance, once quantified, does not remain unchangeable over time, both for the ISTAT revaluation, and for the circumstances and events that have occurred, which involve the assets of the spouses, the revision or revocation of the allowance, takes place by attaching the evidence of the circumstances that led to the request itself.

The principle was reaffirmed by a recent sentence of the Court of Cassation which specifies that in order to obtain the modification of the amount of the maintenance, or, an increase or a reduction, an application must be presented to the judge, attaching the relative documentation that demonstrates the occurring facts to justify a revision of the amount.

The jurisprudence considers legitimate the request for a proportional reduction of the amount of the maintenance allowance by the obliged spouse who has proved that the beneficiary spouse has started  to carry out their own work by receiving their own income, or by demonstrating that the entitled spouse has found employment, even if illegally. Conversely, the request for an increase in the maintenance allowance in favor of the entitled person who has lost their employment was recognized as valid.

It is also possible to obtain a reduction in the maintenance allowance, if the paying subject (spouse) suffers a worsening of his economic capacity or when he is in such health conditions as to  entail increasing expenses for the treatment intended to counteract the advancement of pathologies.

The Cassation with sentence no. 22269, reiterated the hermeneutic approach, according to which the revision of the divorce allowance presupposes the ascertainment of a supervening change in the economic conditions of the former spouses capable of varying the previous asset structure created with the previous provision awarding the allowance.

In addition, the supervening change in the financial conditions of the parties concerns the factual elements and, therefore, represents the presupposition that must be ascertained by the judge so that can proceed with the review of the check.

The investigative activity, carried out by authorized private investigators is aimed at determining, revising or revoking the maintenance allowance, has as its objective, to collect useful and usable evidence in the trial that demonstrates the real assets and the actual situation. financial position of the former spouse.

In light of the foregoing, the S.A.S. carry out the investigative investigations aimed at documenting and collecting evidence to demonstrate whether there has been a change in the status quo of the economic situation of one of the two spouses or former spouses with respect to the date of the separation sentence, and therefore necessary to obtain a review or revocation of the maintenance allowance.

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S.A.S. Investigazioni & Sicurezza – P. iva IT 02314820222 

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