At the end of a divorce, it is common for the family court judge to decide on the payment of alimony by one of the spouses to his ex-spouse. The amount of alimony is calculated on the basis of the economic and family situation of both parties at the time of the divorce. However, this data can change over time, and this can give rise to litigation around child support. It will then be necessary to obtain evidence, in particular to justify a request for revision of pension, and a private detective can investigate in this direction.
The payment of alimony often at the origin of disputes
Many events can cause the amount of alimony decided by the judge during the divorce to be called into question several years later. These are mainly changes in the economic situation of the former spouses, whether in terms of their respective income or lifestyle.
The fixed pension is no longer adapted to the resources and needs of the former spouses
It is not uncommon for the professional income of one of the former spouses to change significantly after the divorce. It can be either an increase or a decrease, and concern the debtor (payer) as the creditor (beneficiary) of the alimony. In this case, both parties can legitimately request a review of the pension to their advantage, as soon as they consider that the balance on which the judge was based is no longer relevant.
A change in family situation can also justify the revision of alimony. For example, when the beneficiary of the pension has rebuilt their life and shares a common life with another person, this can have consequences on their resources and needs, even if the income of the new spouse should in theory not be taken into account. account.
Finally, a change in the needs of the children of the former spouses can also give rise to a revision of support payments. This can, for example, concern their schooling or their state of health.
The maintenance debtor accumulates unpaid bills
Not to mention the revision of alimony, it may happen that the debtor does not meet his payment obligations to his ex-husband, by not paying or paying the alimony irregularly. The creditor must then initiate legal proceedings in order to enforce the payment of maintenance. When the unpaid bills are less than six months old, he may initiate a direct payment procedure by calling on a bailiff. He can also request a seizure of wages by filing a request with the clerk of the court. Following a recovery process, it may happen that the debtor invokes a reduction in his resources in order to obtain a review of the maintenance in his favor.
How can a private detective provide evidence in a dispute over child support?
In order to justify a request for a review of support, the applicant must provide evidence as to the evolution of his resources and needs or those of his ex-husband. To do this, he may obtain witness statements or call on a private detective responsible for collecting evidence.
Choose a licensed and competent private detective
First of all, it is essential to choose an agency with authorization to practice and whose private detectives have a professional card. It is indeed a strictly regulated profession, and evidence could become inadmissible if it was obtained by a person carrying out the activity illegally.
It is also necessary to ensure that the professional in question has, in addition to the skills to carry out a field survey, knowledge of the means of financial investigation in order to take an interest in the income and assets of those concerned.
Finally, it is recommended to call in an investigator located near the places where evidence is likely to be collected. This will limit the cost of his trips and benefit from his knowledge of the environment. It would be advisable, for example, to call on a private detective agency located in Lille if it is there that the ex-spouse has rebuilt his life, even though the applicant would reside at the other end of France. Using an agency that is not present at the scene of the investigation would risk adding costs relating to the existence of intermediaries.
Demonstrate the existence of sources of income concealed by the ex-spouse
When the maintenance debtor experiences an increase in his income, he may be tempted to conceal it so as not to see the support he pays increased. The creditor, that is to say the one who receives the pension, must then provide proof that his ex-spouse has more substantial resources than what he wants to admit. If he can sometimes count on relatives to testify, in many cases it will be more complex. A private detective will then have the task of carrying out an administrative investigation or a field investigation. By means of surveillance and shadowing, the detective will be able to determine what really are the debtor’s sources of income. He will write an investigation report which can be produced in court in the context of an application for a review of pension.
Obtain information on the lifestyle and family situation of the parties
The object of the investigation carried out by a private detective can also be to obtain information on the lifestyle led by one of the ex-spouses. Thus, a debtor who claims not to be able to pay alimony while otherwise leading a lavish lifestyle will have great difficulty in challenging the evidence provided by a private detective. Likewise, the investigation will be able to determine that the creditor of a support payment has rebuilt his life and that this has consequences on his resources. Each case is unique and the private detective will adjust his strategy in order to provide a suitable solution for legal proceedings.