The Discrepancy Between Declared Income and Standard of Living

One of the most frequent and frustrating problems encountered in courtrooms concerns the determination of maintenance payments when tax documentation does not reflect the family's economic reality. Often, the custodial parent finds themselves managing expenses for the children with a negligible economic contribution from the other parent, calculated on a minimal or even non-existent tax return. As a divorce lawyer practicing in Milan, Avv. Marco Bianucci deeply understands the sense of injustice that arises from these situations, where the protection of the minor risks being compromised by evasive behavior.

Italian law, fortunately, does not stop at the formal surface of the tax return. Case law is consolidated in holding that a parent's economic capacity must be assessed in its entirety, including real estate and movable assets, and, above all, the actual standard of living demonstrated. If a parent declares meager income but owns luxury cars, frequents exclusive clubs, or takes expensive trips, the judge has a duty to investigate beyond the tax document. The core principle is that maintenance must guarantee the children the same standard of living enjoyed during cohabitation, compatible with the parents' current resources.

Investigative Tools and Disclosure Orders in Milan

When there is a well-founded suspicion that the obligated parent is concealing their real economic resources, the legal system offers incisive tools to bring the truth to light. At the Court of Milan, practice is very attentive to these dynamics. However, it is not enough to simply state that the other parent "earns undeclared income"; specific procedures must be initiated. The main tool is the request for a documentary disclosure order pursuant to art. 210 c.p.c. or, in more complex cases, the request for tax police investigations through the Guardia di Finanza.

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, focuses on the strategic use of recent procedural reforms. It is now possible to request the judge for direct access to the Tax Registry databases and financial relationships. This allows for the examination not only of declared income but also of current account balances, financial investments, company holdings, and assets registered in the name of nominees or trusts. The objective is to reconstruct the subject's real financial capacity to ensure that the maintenance payment is fair and proportionate to their actual economic possibilities, not fictitious ones.

Frequently Asked Questions

What can I do if my ex works completely off the books?

If the work is entirely undeclared, the tax return will be useless. In these cases, it is crucial to gather circumstantial evidence of the standard of living (photos of vacations, purchases, cars, social circles). This evidence can convince the judge to order in-depth investigations by the Guardia di Finanza or to order access to databases to verify discrepancies between expenses incurred and zero income.

Can the judge see my ex-spouse's bank accounts?

Yes. Within family proceedings, the judge can order credit institutions or the Revenue Agency to produce bank statements and documentation relating to financial relationships, if there are founded disputes about the reliability of declared income and it is necessary to protect the economic interests of the children.

How long does it take to obtain these investigations in Milan?

The timelines depend on the court's workload and the complexity of the investigation. However, with the Cartabia Reform, the judge's investigative powers have been strengthened and brought forward. If the request is well-founded and documented from the outset, the judge can order the assessments already in the first phase of the proceedings, reducing waiting times for the determination of the provisional maintenance payment.

If my ex quit their job on purpose, do they still have to pay?

Case law tends to penalize intentional or negligent reductions in income. If a parent voluntarily resigns to evade maintenance obligations, the judge can calculate the payment based on their potential "earning capacity," meaning what they could earn given their professional profile, ignoring voluntary unemployment.

Request a Case Evaluation

Handling child maintenance proceedings when the other party is not transparent requires technical expertise and a rigorous procedural strategy. If you suspect that the declared income does not correspond to reality, contact Avv. Marco Bianucci to analyze your situation. The Bianucci Law Firm receives clients in Milan at via Alberto da Giussano, 26, and is ready to put its experience at the service of protecting your rights and those of your children.