Maintenance and Divorce Settlement Review
Concrete evidence of undeclared employment or new cohabitation to recalculate maintenance payments in court
Need a review of your maintenance allowance? Arcadia Company specialises in gathering legal evidence to document changes in income or new cohabitation arrangements. If you suspect the maintenance amount is no longer fair due to undeclared employment or hidden assets, our private investigators provide certified dossiers admissible in court.
However, the financial reality of a former spouse often differs significantly from what is declared in court. Under-the-table employment, undeclared cohabitation, or assets held in third-party names are common tactics used to skew maintenance fairness. Arcadia Company steps in to expose such situations and provide the evidence required to restore economic justice.
When can the amount be adjusted?
Both the paying spouse (the obligor) and the recipient spouse (the beneficiary) may request a judicial review of the maintenance allowance, but only if they can provide conclusive evidence that the status quo has changed.
Our investigations are designed to document the following circumstances, recognised by the Court of Cassation as valid grounds for review:
- Undeclared employment (“cash-in-hand work”): If a former spouse claims to be unemployed or on a low income but is actually engaged in undeclared work or receiving hidden earnings, we document this “invisible” income. This evidence can be used to request a reduction in maintenance payments (if you are the payer) or an increase (if you are the recipient).
- New Cohabitation “More Uxorio”: The Court of Cassation (e.g., Judgment No. 1119/2020) has established that if the former spouse receiving maintenance enters into a stable and lasting cohabitation with a new partner, the maintenance allowance may be reduced or revoked, as the new family unit contributes to their support.
- Lifestyle Discrepancy Investigations: We examine outward signs of wealth that are inconsistent with declared income, such as the purchase of luxury vehicles, expensive holidays, or frequenting exclusive venues. Such evidence effectively dismantles claims of financial hardship.
- Deterioration of the obligor’s circumstances: If the individual responsible for maintenance payments loses their job or suffers a financial collapse, our investigations can substantiate a request to reduce the amount, demonstrating the genuine inability to sustain previous contribution levels.
The pivotal role of the Private Investigator
Appearing before a judge with mere suspicions is futile. A Certified Investigative Report is essential. At Arcadia Company, we gather video, photographic, and documentary evidence that substantiates undeclared employment, concealed income, or assets registered under third parties. This dossier holds full evidentiary value in both civil and criminal proceedings, enabling your solicitor to base any appeal for review on objective, irrefutable data.
Case Histories
Case Study: Investigations for the Review of Spousal and Child Maintenance Awards
Sector: Family Law and Asset Protection | Location: Province of Bologna
1. The Issue (Fraudulent Indigence and Undeclared Employment)
A client engaged our agency to conduct an investigation aimed at reviewing spousal maintenance payments. The former spouse, recipient of a substantial divorce settlement, formally declared unemployment and the complete absence of personal income. However, our client suspected the individual was engaged in undeclared employment and had entered into a stable cohabiting relationship, both of which are legally decisive factors for the modification or termination of financial support.
2. Investigative Strategy (Asset Investigations and Surveillance)
Our team has devised a structured investigative operation to demonstrate the former spouse’s actual earning capacity and altered standard of living, gathering irrefutable evidence in the processtermination of maintenance allowance.
- OSINT and asset investigations: Cross-referenced analysis of open sources and preliminary enquiries to identify covert professional collaborations or undeclared income streams.
- Dynamic observation and surveillance: Targeted and daily stakeouts to map the subject’s routine and document their actual work activity with absolute clarity.
- De facto cohabitation verification: Monitoring of a third party’s entry and exit times from a residence to establish the stability, continuity, and cohabitation characteristic of a new romantic relationship.
3. Findings and Evidence Collected
The investigations conducted by our agents have completely disproved the tax documentation submitted by the opposing party, uncovering crucial evidence for the reassessment of spousal maintenance:
- Video and photographic evidence has confirmed that the former spouse was engaged in undeclared employment on a daily basis at a commercial business owned by an acquaintance, working full-time hours in a managerial capacity.
- The findings objectively confirmed the existence of a cohabiting relationship akin to marriage with a new partner, characterised by stable cohabitation and daily sharing of household expenses.
- The investigation confirmed a lifestyle (frequenting exclusive venues, regular travel, use of vehicles registered to third parties) that starkly contradicts the severe financial hardship claimed in judicial proceedings.
4. Legal Conclusion (Withdrawal of Divorce Maintenance)
Upon completion of the operations, we delivered to the client and their legal counsel a Certified Investigative Dossier, comprising a sworn technical report and audiovisual evidence, essential for legal proceedings.
- Outcome: The client’s solicitor filed the case documents with the Court, requesting an immediate review of the divorce terms.
- Justified cause: Established case law from the Court of Cassation holds that the formation of a new de facto family unit severs all ties to the previous standard of living. Based on the objective evidence provided by our investigation agency, the Judge ruled for the complete revocation of spousal maintenance, definitively extinguishing our client’s payment obligation.
Proving the truth about income sources
A proven investigative method to uncover real and concealed assets.
Preliminary Financial Analysis
We analyse the separation decree and official tax returns to identify inconsistencies and vulnerabilities for further investigation.
Surveillance and Observation
We monitor the movements of the former spouse to document their actual work activity (hours, workplaces, duties performed) or stable cohabitation.
OSINT-Based Asset Investigations
Using searches and databases, we verify property ownership, registered vehicles, corporate shareholdings, and concealed luxury assets.
Review Dossier
We deliver a comprehensive report that can be used in court to formally request a modification of maintenance or divorce settlements.
Enquiries Regarding Cheque Verification
Rapid responses on undeclared employment, cohabitation disputes, and investigation costs.
If I discover that my ex-partner is working off the books, can I stop making payments?
You cannot arbitrarily stop making payments (this would constitute an offence), but you must file an appeal with the Judge, submitting the evidence of undeclared work that we gather. It will then be for the Judge to reassess the amount.
Is it sufficient for my ex-partner to sleep with someone else to have my maintenance payments revoked?
No, an occasional relationship is not sufficient. The Court of Cassation requires proof of a 'stable and continuous cohabitation' (de facto family). Our investigations are specifically designed to demonstrate the stability and duration of such cohabitation.
How much does a cheque verification investigation cost?
The cost varies depending on the duration and complexity of the operation (e.g., night-time surveillance or assignments outside the city). Arcadia Company always provides a free, transparent quote before commencing work, jointly assessing the optimal strategy with the client.
Is an investigator’s evidence admissible in court?
Absolutely. Arcadia Company is a licensed agency authorised by the Prefecture. Our technical reports are admissible as documentary evidence in family law proceedings.
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Based in Milan, operational across Italy
Our investigative agency is strategically located in Sesto San Giovanni, in the province of Milan. From here, we coordinate nationwide investigations, ensuring prompt and direct intervention across key Lombardy provinces and Northern Italy.
