Unpaid alimony can be recovered through enforcement proceedings, but the most suitable instrument varies according to what you want to achieve. Arrears that have already accrued can be claimed by attaching the bank account, salary or other receivables of the ex-spouse; to prevent future installments from also remaining unpaid, it may be possible to request direct payment from the employer or another party who periodically transfers money to them.
I will explain how to distinguish these possibilities, what title is required, what happens when other attachments exist and when the procedure can take place in Milan. I also want to clarify an important point: the attachment of arrears and the direct payment of future installments have different prerequisites and effects and, in certain situations, can be used together without duplicating the recovery.
The Alimony Order Allows Action to Be Taken
An enforceable title is required, meaning an act to which the law grants the necessary force to initiate enforcement. This can be the separation or divorce judgment, the ratified consensual separation agreement, a temporary judge's order or, under the conditions provided by law, an agreement concluded through assisted negotiation.
Orders, even temporary ones, that establish a financial contribution for children or for one of the parties are immediately enforceable pursuant to Article 473-bis.36 of the code of civil procedure. An informal understanding, an exchange of messages or a statement prepared by the creditor can help reconstruct payments, but they do not replace the order establishing the obligation.
The requested sum must be ascertainable. It is necessary to separate the unpaid monthly payments from those paid only in part, apply any adjustment provided for by the title and subtract every credit actually received. Extraordinary expenses for children must be considered separately: the title may establish percentages, expense categories, the need for prior agreement and documents required for reimbursement.
Arrears and Future Installments Require Different Instruments
Attachment Recovers the Debt That Has Already Accrued
Arrears are recovered through enforcement proceedings. As a rule, after the quantification of the credit, the title and the notice to pay (precetto) are served. The notice to pay commands the debtor to pay within a period of not less than ten days, barring any authorization for immediate enforcement provided by law, as indicated by Article 480 of the code of civil procedure.
If payment does not arrive, attachment of property in the hands of third parties can target the sums that a bank, employer, pension institution or another party owes to the ex-spouse. The third party declares what relationship exists and what sums are available; the execution judge then establishes the assignment in compliance with applicable limits.
Direct Payment Protects Subsequent Deadlines
A specific remedy exists for future installments. Article 473-bis.37 allows the beneficiary, after having formally put the defaulting debtor in default for at least thirty days, to serve the order or the assisted negotiation agreement on the third party who periodically transfers money to them, requesting that the alimony be paid directly.
The service must also be communicated to the debtor. The third party is required to pay the alimony starting from the month following the one in which service took place; if they fail to comply, the rule grants the creditor a direct enforcement action against them. This mechanism looks primarily at future benefits and does not automatically cancel the debt accumulated in previous months.
Bank Account, Salary and Severance Pay Do Not Work in the Same Way
The Bank Account
The attachment of the account encumbers the existing availability at the bank within the limits of the credit for which proceedings are brought and the increases established by the law. If the balance is insufficient or negative, the result may be partial or null; the mere fact that the debtor has an account therefore does not mean that there are recoverable sums.
When a salary or pension is credited to the account, a distinction must be made between money already present and that credited on the date of attachment or thereafter. For prior credits, Article 546 preserves a sum equal to three times the social allowance; for simultaneous or subsequent credits, the limits of Article 545 and special provisions operate. The text can be consulted in the rules governing the obligations of the third-party garnishee bank.
The origin of the sums can become decisive. An account fueled exclusively by salary should not be automatically treated as an account formed by savings, third-party transfers and other income. The date of credits, payment references and bank documentation make it possible to correctly apply the protections provided by law.
Salary and Pension
Salary and pension can be involved in two ways. Ordinary attachment aims to satisfy arrears and is subject to the rules of execution; the direct payment provided for by Article 473-bis.37 serves instead to have periodic installments paid to the beneficiary, preventing them from first passing into the availability of the obligor.
It is incorrect to indicate a single percentage without knowing the nature of the credit, competing sums, assignments and already existing attachments. The direct order and attachment have different functions, as also highlighted by the review by the Court of Cassation on the reform of civil proceedings. In attachment, the share is identified according to applicable rules and orders of the execution judge.
Severance Pay (TFR)
The credit relating to severance pay (TFR) can also be attached in the hands of the employer. However, it is not a periodic installment of alimony and should not be confused with the direct payment of salary. If the employment relationship is still ongoing, the third party indicates the existence and status of the credit; the concrete assignment takes into account its accrual, enforceability and the limits provided for allowances connected to the termination of the relationship.
If the severance pay has already been paid and is in the account, the action no longer targets a credit against the employer, but any bank availability. The moment at which intervention takes place therefore changes the third party to be involved and can affect the actual possibility of recovering what is due.
When the Procedure Takes Place in Milan
The lawyer's location does not determine the competent court. In third-party attachment, outside of the special rules provided for public administrations, territorial jurisdiction generally follows the place where the debtor has their residence, domicile, dwelling or headquarters, pursuant to Article 26-bis of the code of civil procedure.
The Court of Milan may therefore be competent, for example, if the debtor ex-spouse resides or is domiciled within its district. If you live in Milan but the debtor lives permanently elsewhere, the enforcement may have to be filed before another court. Verification must be carried out prior to service, because choosing a territorially incorrect office can slow down recovery.
The direct payment governed by Article 473-bis.37 follows a different logic: provided the conditions are met, it is activated through service on the third party and communication to the debtor. If, however, an attachment already exists on the same salary or credit, distribution passes to the execution judge, who also considers the nature and purpose of the alimony.
How to Set Up Recovery Without Overlapping Requests
The first step is to reconstruct the debt month by month. The statement must indicate the due date of each installment, the amount owed, what was eventually received and the residual balance. Ordinary maintenance, updates provided by the title and reimbursements of extraordinary expenses must be kept separate, so as to avoid a request exceeding the actual credit.
It is useful to keep the complete order, proof of its service when necessary, bank statements and communications relating to non-payments. If the obligor claims to have paid in cash, the dispute concerns a precise fact: whoever asserts payment must be able to prove it, while the creditor's statement must remain consistent with the movements actually received.
The choice of the third party must have a concrete reason. The account is useful if it contains liquidity; the employer offers a periodic flow and can allow both attachment and, under different conditions, direct payment; severance pay can be relevant when the relationship ends. If the bank or employer is not known, the law provides, under the relevant conditions, for the telematic search of assets to be attached governed by Article 492-bis.
The same credit cannot be collected twice. Attachment and direct payment can run alongside each other to cover, respectively, arrears and subsequent deadlines, but calculations and service must clearly delineate the periods involved. Every payment received during the procedure must be recorded and subtracted from the residual balance.
Guarantees, Seizure and Modification of Alimony
Attachment is not the only protection available. If there is a concrete danger that the obligor will evade payment, Article 473-bis.36 allows the judge to impose personal or real guarantees. The beneficiary can also request authorization for the seizure of movable property, real estate or credits to preserve their rights.
Guarantees and seizure are not automatic consequences of a single omitted installment. Facts showing the risk to the credit are required, such as conduct aimed at concealing assets or a situation of non-performance accompanied by specific elements. The function is preventive or conservative, whereas attachment aims to obtain payment of an already actionable credit.
A loss of income or a family change does not authorize the obligor to suspend or reduce the alimony on their own. They must ask the judge for a review of the conditions pursuant to Article 473-bis.29. Until the title is modified, the existing order remains the basis of the obligation and any enforcement, without prejudice to the judicial evaluation on the effects of the review request.
Frequently Asked Questions
Can I take action after just one unpaid monthly payment?
The overdue credit can be enforced if an enforceable title exists and the sum is ascertainable, without having to wait for a long series of omissions. For direct payment to the third party, however, Article 473-bis.37 requires formal notice of default and non-performance lasting for at least thirty days.
Can I recover arrears and future installments together?
Yes, with distinct instruments. Attachment can satisfy months that have already accrued, while direct payment can guarantee subsequent deadlines. Acts must clearly indicate periods and sums, and every payment received must reduce the residual credit to prevent duplication.
Is the attachment of salary always limited to one-fifth?
A percentage must not be applied automatically. It is necessary to distinguish attachment for arrears from the direct payment order, verify the nature of the credit and consider assignments or attachments already present. In enforcement proceedings, the assignable share is determined according to Article 545 and other pertinent rules.
Must I necessarily proceed before the Court of Milan?
Not necessarily. For third-party attachment, jurisdiction generally depends on the debtor's residence, domicile, dwelling or headquarters, with special rules for public administrations. The fact that the creditor or their lawyer is located in Milan is not enough on its own.
Can the ex-spouse stop paying if they lose their job?
No, they cannot unilaterally modify the alimony. They can ask the judge for a review if justified grounds have supervened, but the existing title continues to govern the obligation until a new order intervenes. Job loss can affect review, but does not automatically cancel accrued installments.
Choosing Proportionate Protection
The strategy depends on the concrete result: recovering arrears, stabilizing future payments or preventing assets and credits from being concealed. Calculation of installments, enforceable title, source of income and presence of other creditors make it possible to distinguish attachment from the direct order and guarantee measures. If the matter is connected to Milan, you can contact me to identify the competent instrument and court without overlapping different requests.