In a case of separation or divorce, the judge is required to establish a maintenance allowance towards their children and spouse most economically disadvantaged, taking into account certain parameters for the determination of maintenance, in particular:
· Standard of life of the spouses;
· Working income;
· Income from real property;
· Investigation of the spouse economic means asking for child support and any work performed without regular contract.
Often it is necessary to collect evidence on the actual situation of disadvantage that spouse need of maintenance. For this reason it is very common the use of investigative agencies, using experts and investigators with experience in the industry, they are able to perform targeted surveys to ascertain the economic situation of the weaker partners, in order to determine the amount of ‘ child support or request a review of the same.
With the new legislation came into force on divorce short the parameters to be taken into consideration when determining the child support the spouse remain substantially unchanged. Under the provisions of the decision of the TAR Lazio sect. I-ter, n. 7813 of 7 July 2016, the couple can not separate or divorce Shared, if among the established agreements are included in capital transfers, such as maintenance payments to his spouse. What varies is therefore the ability to separate or divorce Shared if both spouses have reached an agreement on the payment of alimony.
Furthermore, if at the time of separation has been established an amount for the maintenance, it is not possible to obtain the withdrawal of the same when it proceeds to the actual divorce, since the reduced amount of time that elapses between the separation and divorce implies that they can not be substantial changes to the conditions set out above.