The Revocation of Alimony: The Very Recent Ruling of the Court of Cassation
Recently, the Court of Cassation issued a significant ruling regarding the revocation of alimony. The judgment in question, Cass. civ., Sez. I, Ord. n. 26751 of 15/10/2024, provides important clarifications on the evidentiary requirements necessary to support a request for the revocation of alimony, emphasizing the burden of proof and the admission of evidentiary requests.
The Case and the Decisions of the Lower Courts
In the specific case, A.A. requested the revocation of the monthly alimony of Euro 1,750.00, arguing that there had been a change in his financial circumstances and that the beneficiary, B.B., had acquired a significant inheritance. However, both the Court of Bergamo and the Court of Appeal of Brescia rejected the request for revocation, considering the evidence provided by A.A. to be insufficient.
The Court of Appeal found that the appellant had not demonstrated the emergence of new facts that would significantly affect the financial conditions of the former spouses.
The Burden of Proof and Evidentiary Requests
The Court highlighted that the burden of proof rests on the person requesting the revocation of alimony. In particular, the appellant argued that the Court of Appeal had failed to consider decisive evidence, such as the increase in B.B.'s assets, documented in consultations with the Revenue Agency. However, the judges deemed the evidentiary requests made by A.A. to be exploratory in nature, insufficient to demonstrate the financial status of the opposing party.
- Importance of providing concrete evidence for the revocation of alimony.
- Need to specify the subject of the evidentiary requests.
- Impact of the spouses' financial conditions on the decision to revoke.
Conclusions: A Necessary Legitimacy Judgment
In conclusion, the Court of Cassation accepted A.A.'s appeal, finding the grounds for appeal regarding the failure to examine a decisive fact to be valid. This passage underscores the importance of a thorough examination of the evidence and evidentiary requests in evaluating requests for the revocation of alimony. The Court then remanded the case to the Court of Appeal of Brescia, inviting it to reconsider the evidence presented.
