Facing dismissal or a drastic reduction in income represents a moment of extreme personal difficulty, which inevitably impacts the ability to meet financial commitments, including those towards one's children. As a family lawyer practicing in Milan, I deeply understand the anxiety that arises from no longer being able to guarantee the same standard of living for one's offspring and the fear of legal consequences for non-payment. It is crucial to know that the Italian legal system is not blind to these involuntary changes in financial capacity, providing specific tools to adjust the alimony amount to the new economic reality of the obligated parent.

The Prerequisite for Revision: Change in Economic Conditions

Italian law establishes that provisions concerning maintenance payments are always modifiable, based on the principle of rebus sic stantibus, meaning as long as the conditions remain the same. However, for a legitimate downward revision of the amount to proceed, it is necessary to demonstrate the occurrence of new and relevant facts that have altered the balance existing at the time of the separation or divorce decree. Involuntary job loss, zero-hour redundancy schemes, or business failure constitute, according to established case law, justified reasons to request a recalculation of the contribution from the Court. It is crucial to emphasize that such a reduction never operates automatically: the parent cannot unilaterally decide to pay a lower sum, as this would expose them to serious civil and criminal consequences. It is essential to initiate a formal proceeding to modify the conditions of separation or divorce so that a judge ratifies the new amount due.

The Approach of Studio Legale Bianucci to Modifying Conditions

The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a rigorous and documented analysis of the client's financial situation. It is not enough to declare job loss; a solid body of evidence must be built to demonstrate the involuntary nature of the unemployment and the actual impossibility of maintaining the previous contribution level. At our firm on Via Alberto da Giussano, we carefully evaluate every aspect, from tax documentation to proof of active job searching, to present a well-founded and unassailable petition to the Court of Milan. The strategy aims to obtain an urgent order or a consensual modification, where possible, to promptly adjust the alimony to current economic capacities, protecting the parent from enforcement actions while ensuring that the children's right to maintenance is preserved in a fair and sustainable measure.

Frequently Asked Questions

Can I suspend payments if I am dismissed?

No, it is never advisable to arbitrarily suspend or reduce payments on your own initiative, even in the face of dismissal. The enforcement order (the previous judgment) remains valid until it is modified by a new court order. Interrupting payments exposes you to the risk of seizures and criminal proceedings for violation of family support obligations. It is necessary to act promptly with a petition to modify the conditions.

If I resign voluntarily, can I ask for a reduction in alimony?

Generally, voluntary resignation is not considered a just cause for obtaining a reduction in maintenance payments, unless it is dictated by health reasons or other force majeure causes duly documented. Case law tends to protect the interests of children, holding that a parent cannot evade their obligations by voluntarily reducing their earning capacity without a valid justification independent of their will.

How long does the Court of Milan take to decide on a reduction?

Timelines can vary based on the Court's workload and the complexity of the specific case. However, in cases of proven urgency related to the very subsistence of the obligated parent, it is possible to request provisional measures that anticipate the final decision. The assistance of an experienced family law attorney is essential to calibrate the fastest and most effective procedural strategy for the specific situation.

What happens if I find a new job but with a lower salary?

If the new employment involves a significantly lower salary compared to what was earned at the time the original alimony was determined, the prerequisites exist to request a revision of the amount. The judge will assess the new proportion between the incomes of the two parents and the needs of the children, recalculating the contribution so that it is sustainable for the obligated party while still providing necessary support to the offspring.

Request an Evaluation of Your Case

If your employment situation has changed and the current maintenance payment has become unsustainable, it is essential to act immediately to avoid the accumulation of debt and legal consequences. Contact Avv. Marco Bianucci for an in-depth consultation at the Milan office. We will analyze together the prerequisites for revision and define the best strategy to protect your rights and your economic future.