My ex is asking for an increase in child maintenance: what should I do?

A court order or separation agreement that establishes the amount of child maintenance is not immutable. Italian law recognises that the circumstances of both the children and the parents can change over time. Therefore, the amount of the maintenance allowance can be reviewed and modified, either upwards or downwards. A request for an increase from an ex-partner should be taken seriously and handled through proper legal channels, as it is based on specific principles of Italian family law.

WHAT ARE THE GROUNDS FOR AN INCREASE?

A modification of the child maintenance allowance is not granted automatically or arbitrarily. The parent requesting the increase must prove that there has been a significant change in the circumstances that existed at the time the original amount was determined. The primary grounds for an increase fall into two main categories:

1. Increased Needs of the Child: This is the most common justification for an increase. The law requires the allowance to be proportionate to the child’s “current needs”. As children grow, their needs naturally evolve and often become more expensive. Courts recognise this as a normal progression.
2. Changes in the Parents’ Economic Situations: The principle of proportionality requires that each parent contributes according to their economic resources. Therefore, a significant change in either parent’s financial situation can justify a modification (improvement in the paying parent’s income, deterioration in the receiving parent’s income, comprehensive economic assessment).

WHAT IS THE PROCEDURE FOR MODIFYING THE ALLOWANCE?

There are two ways to modify a maintenance agreement: by mutual consent or through a court action.

• Mutual Agreement: The parents can freely agree to modify the amount of the maintenance allowance. Such agreements, often formalised in a private written document, are considered valid and binding by the courts, provided they do not conflict with the child’s best interests.
• Court Petition: If no agreement can be reached, the parent seeking the increase must file a formal petition with the court that issued the original separation or divorce decree. This initiates a legal proceeding to review the existing conditions. The right of parents to request a revision of the provisions concerning their children at any time is explicitly recognised by law.

WHAT SHOULD I DO TO RESPOND TO THE REQUEST?

If your ex-partner is formally requesting an increase, it is crucial to respond appropriately and strategically.

1. Do Not Ignore the Request
2. Evaluate the Merits of the Claim
3. Gather and Present Your Financial Documentation
4. Formulate Your Defense