Facing the consequences of a separation or divorce is already a complex journey, but the situation becomes even more frustrating when an ex-spouse deliberately chooses to evade their financial obligations. One of the most common tactics to avoid paying alimony is the sudden closure of bank current accounts and the transfer of funds elsewhere, with the intent of evading potential seizure. As an expert family law attorney in Milan, Avv. Marco Bianucci deeply understands the distress of those who are denied a fundamental right for their own sustenance or that of their children.

The Legal Framework: How to Trace Hidden Funds

The Italian legal system offers precise tools to counter the concealment of assets by a debtor. When an ex-spouse stops paying the maintenance allowance established by the judge, the debt owed becomes an enforceable title. This means it is legally possible to proceed with the forced recovery of the sums. However, if the debtor closes accounts known to the other party, traditional seizure risks being unsuccessful.

To overcome this obstacle, the law provides a powerful investigative tool: the electronic search for assets to be seized. Through specific requests authorized by the Court, it is possible to access the databases of the Tax Registry, INPS (National Institute for Social Security), and other financial registers. This procedure allows for the precise identification of where the ex-spouse has opened new current accounts, if they are receiving new income from employment or self-employment, or if they have registered new assets in their name. This system allows for targeted and extremely effective action against hidden assets.

The Approach of the Bianucci Law Firm

Addressing the recovery of a maintenance debt requires promptness and a rigorous action strategy. The approach of Avv. Marco Bianucci, a family lawyer in Milan, is based on the immediate and strategic use of electronic asset investigation tools. The Bianucci Law Firm does not limit itself to attempting generic recovery actions but initiates an in-depth investigation to map the debtor's real and updated financial situation.

Once the ex-spouse's new current accounts or new income sources are identified, Avv. Marco Bianucci proceeds with the immediate blocking of funds through third-party garnishment. The primary objective is to ensure that the right to maintenance is rigorously respected, restoring the financial serenity of the client and their children through incisive, proportionate legal actions based on irrefutable concrete data.

Frequently Asked Questions

What should I do if my ex closes their bank account to avoid paying maintenance?

If your ex-spouse closes their known account, it is crucial not to waste time and to contact a professional to initiate the electronic search for assets. This procedure allows for querying national databases to promptly discover where the funds have been transferred or where a new banking relationship has been opened, making a new, targeted seizure possible.

How long does it take to trace a new bank account?

The timelines for obtaining the results of electronic investigations depend on the response times of the Revenue Agency and the competent judicial offices. Generally, once authorization is obtained from the President of the Court, the data is provided within a reasonable timeframe, allowing the lawyer to act promptly to block the sums before they are moved or concealed again.

What are the criminal penalties for an ex who doesn't pay and hides money?

In addition to the civil consequences of forced execution, intentionally evading the payment of maintenance allowance, especially if intended for minor or non-self-sufficient children, can constitute the crime of violation of family assistance obligations. Furthermore, carrying out simulated or fraudulent acts on one's assets to evade seizure can constitute further and serious criminal offenses.

Protect Your Right to Maintenance: Book a Consultation

If your ex-spouse has stopped paying the maintenance allowance and you suspect they are hiding their assets, it is essential to act quickly before the funds become unrecoverable. Contact Avv. Marco Bianucci at the Milan office located at Via Alberto da Giussano, 26, for an in-depth evaluation of your case. The costs of legal proceedings depend on numerous factors specific to each individual situation: during the initial consultation, the most effective legal options will be analyzed, and the best strategy to recover what you are owed will be outlined, providing a clear and transparent overview of the expected financial commitment.