AD Agenzia Investigativa carries out research aimed at demonstrating the possible employment of the ex-spouse, not declared in the separation or divorce.
Why request the intervention of an investigative institute for the maintenance check revision?
A very recent sentence of the Cassation, the nr. 6855 of April 3, 2015, establishes that the formation of a new de facto family by the divorced spouse determines the definitive loss of the divorce allowance for which the same benefits.
And also. The reduction of the maintenance allowance is legitimate if the ex-wife works illegally. The Court of Cassation established it, with sentence no. 19042 of 12 December 2003, specifying that the work of the spouse, even if in the dark, constitutes an element of the working capacity and therefore of the earning capacity of the same.
By summarizing the two points outlined above, the same, on a conceptual level, can be applied to different situations. It is therefore possible to request the revision of the maintenance allowance in the event that there is evidence (also through private investigations carried out) and an objective change in the factual situation ascertained at the time the ruling was issued.
The above changes occur mainly in two cases:
a) there has been a significant increase in the income of one of the spouses; the one, for example, weaker at the pronouncement of separation;
b) there is a deterioration in the economic situation of one of them.
The testimony of the investigators who handled the investigation may be requested during the trial.