Skip to main content
Private investigations · Blog

Maintenance review: when declared income does not match reality.

Undeclared work, incompatible standard of living, new cohabitation: how to turn an intuition into admissible evidence to ask the judge for a modification or revocation of the maintenance allowance.

A separation or divorce decree captures an economic situation at a specific point in time. But people's lives evolve: new jobs are found — sometimes in undeclared forms — new cohabitations arise, spending habits change. When the original snapshot no longer matches reality, the maintenance allowance can become, year after year, an unjustified economic imbalance for the payer.

The legal system provides a specific tool to intervene — the procedure for revising separation or divorce conditions under art. 710 c.p.c. and art. 9 L. 898/1970 — but the judge amends previous rulings only in the presence of documented subsequent facts. Suspicion, rumors from mutual friends, and indirect reconstructions are insufficient: a structured evidentiary file is required.

The three most relevant areas of investigation

Revision requests based on solid evidence tend to focus on three lines of inquiry. These are the same on which the Court of Cassation has established a favorable orientation toward modifying or revoking the allowance, and which Arcadia Company repeatedly documents for law firms specializing in family law:

  • Undeclared work activity: static and dynamic observation to document the actual performance of “under‑the‑table” professional activities — freelance work for private clients, occasional unpaid collaborations, management of businesses registered in a nominee’s name. We reconstruct schedules, locations and frequency of services with georeferenced photo‑video material.
  • Standard of living incompatible with declared income: jurisprudence has long considered the gap between tax returns and actual living standards as an indication of hidden earning capacity. We document stays in luxury facilities, recurring purchases, company cars, international trips and other expense items clearly out of scale compared with formally reported incomes.
  • Stable more uxorio cohabitation: Cass. SS.UU. no. 32198/2021 has consolidated the principle that the establishment of a stable and continuous cohabitation eliminates the very premise of a maintenance allowance for support purposes. We document co‑habitation, shared residence, joint daily management and relationship duration — all essential elements for a revocation request.

A file that enters directly into the proceedings

An investigation conducted without respecting legal limits is not only inadmissible, but can backfire on the client — exposing them to evidentiary nullity objections and, in the most serious cases, criminal liability for violating the former spouse’s privacy. For this reason, methodological quality is not a peripheral detail: it is the condition for the dossier’s admissibility in court.

Arcadia Company is an investigative institute certified ISO 9001:2015 and authorized under art. 134 TULPS. Every family‑law assignment follows a defined protocol:

  • Investigation aimed at protecting a subjective right: the client exercises a concrete patrimonial right — the modification of a judicial order — and the activity is proportionate and limited to this purpose, as required by the GDPR and the provisions of the Garante for personal data protection.
  • Technical report compliant with procedural standards: the final dossier is structured to be filed in the revision proceedings, with an analytical chronology, geolocated photographic material, a summary sheet of observed activities, and the signature of the investigation manager.
  • Support to the party’s lawyer: our investigators are available to be examined as witnesses and to liaise with the client’s counsel for any technical clarification useful to the procedural strategy.

Sesto San Giovanni: operational proximity to the metropolitan area

From its headquarters at Piazza Don Mapelli 60, Sesto San Giovanni, Arcadia Company operates throughout the city of Milan, the North‑East hinterland, the province of Monza and Brianza and the main municipalities of the Cinisello Balsamo–Vimercate–Lecco axis. Geographic proximity enables rapid deployments — typically within 24–48 hours of feasibility assessment — without additional travel surcharges in the serviced area.

Our “Km Zero” operational policy provides a defined budget crystallized during the preliminary interview. No surprise costs at settlement, no unagreed items: the client knows in advance the total financial commitment and the estimated timeline of the assignment.

Continuing to pay a maintenance allowance calibrated to an economic situation that no longer exists is not an inevitable choice: it is the consequence of lacking evidence. If you believe the current financial arrangement does not reflect the counterpart’s real condition, the first step is to request a confidential preliminary interview with our family‑law division. The meeting is covered by professional secrecy and entails no commitment.

1,000+cases

Cases closed since 2017

9years

of uninterrupted activity

42cities

Operational cities in Italy

100% confidentiality

Zero confidentiality breaches

Let’s talk

Do you have a question?

The first consultation is always free and without obligation. We reply within 24 hours.