The maintenance allowance must be proportionate to the obligor’s actual financial capacity. When there is a suspicion that the ex-spouse is hiding income, owns undeclared assets or maintains a lifestyle incompatible with what has been declared, Ponzi’s asset investigations provide the evidence needed to request the determination or revision of the allowance.
Article 156 of the Civil Code provides for the judge to establish the right to a maintenance allowance in favour of the spouse without adequate income. Article 155 of the Civil Code governs child maintenance. The Supreme Court (no. 11504/2017) clarified that a new stable cohabitation by the ex-spouse is a relevant circumstance for revision. Article 710 of the Code of Civil Procedure allows modification of provisions when circumstances change. The burden of proof for revision lies with the party requesting it.
