AMENDMENT TO THE ALIMONY ORDER
Family law series
When the conditions, on which the alimony order has been issued have been altered, the amendments to the Alimony Order is justified, taking into consideration that the financial needs are not static, as well as the fact that the alimony expenses are not stable and that according to the type of expense, several fluctuations apply.
According to article 38 of the Relationships between Parents and Children Law of 1990 (N. 216/1990) if after a decision has been issued granting the alimony order, and the terms have been differentiated, the Court can amend its decision or even order to terminate the alimony . For example, the Court may increase or decrease the amount of alimony , change the method or time of payment or annul the order issued.
It is important to note that only facts that arise after the issuance of the order and that they differentiate from those that were originally considered by the Court in issuing the decision whose amendment is sought, can substantiate the conditions for a revision of the order already issued.
Some of the factors considered in the request for amendment of an existing alimony order by the Court are (a) the increase of the beneficiary's needs for alimony and (b) the change of the income capacity of the alimony payer.
The person seeking an amendment to an existing alimony order must file an application to the Court. The application can be registered by the beneficiary against the alimony payer or the alimony payer against the beneficiary.
A few grounds that the beneficiary can include on their application for amendment of the existing alimony order are the following:
Increase of needs of the beneficiary (eg when the existing order was issued, the child had expenses of 600 € per month while today € 850 per month providing a detailed table with the expenses)
The emergence of new needs of the beneficiary (e.g. tuition fees for education that appeared in the present, while at the time of issuance of the existing order, they did not exist)
The differentiation of the alimony payers’ capacity (e.g. the alimony payers’ income has increased significantly and when the existing order was issued he had an income of € 1500 per month and now receives an income of € 2000 per month)
The beneficiary's income has remained stable since the issuance of the existing order or has decreased
A few grounds that the alimony payer can include on their application for amendment of the existing alimony order are the following:
The needs of the child were reduced (e.g. when the existing order was issued the minor child had expenses of € 600 per month while today € 450 per month providing a detailed table of expenses)
Increase in the expenses of the alimony payer (e.g. after the issuance of the existing order he had another child)
Dramatic reduction of the income capacity of the alimony payer (e.g. the income of the alimony payer has been drastically reduced and when the existing order was issued he had an income of € 1500 per month and now receives an income of € 1000 per month)
Payment of expenses during his communication with the child (e.g. when the existing alimony order was issued ,the alimony payer did not have communication with the child while today he has, and has paid an amount of his income on the days of communication with his child)
Lastly, it is important to know that, when requesting an amendment to an existing alimony order, both parents have the obligation to make a full and honest disclosure of their actual income and not just their expenses.
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