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Compensatory benefit

Détective privé - Prestation Compensatoire

Compensatory benefit and private investigator!

The intervention of a private investigator to
assess, revise or recover
 the compensatory benefit is useful for both the spouse who must pay the compensatory benefit and the one who received it.

Our private investigators have several effective and legal levers to enable you to defend your interests in court.

All of the Agencies and Private Detectives of the Prometheus Group specializes in the search for evidence and investigations to defend your interests before the competent courts.

Our investigative reports are admissible and actionable.

What the law says!

The compensatory benefit is defined in the Civil Code(Article 270 of the Civil Code).

There are several things to distinguish when editing your file:

  • Compensation benefit is not child support
  • Compensatory benefit is not a duty of relief (this duty ceasing to the pronouncement of the divorce)

This compensatory benefit is a financial difference between the spouses and is intended to contribute to the obvious decline in the lifestyle of one of the spouses.

For example, there are a few recurring cases:

  • A woman who cares for and contributes to the education of children leaving her professional life behind
  • A woman or a man who decides to hide his professional life for the couple
  • Too big a difference in wages between spouses

In general, this benefit is regularly assigned to the wife to maintain the standard of living in which she was.

The goals of the private investigator
The private investigator's process
Determine the source of income
Determine real estate assets
Determine the lifestyle
Demonstrating a change in love life

During a conflicted divorce,the offending and more financially well-off spouse tries to hide his income to minimize the blow of the compensatory benefit.

The Prometheus Group private investigator assigned to your file will look for any source of income:

  • Wage income
  • Income from French or foreign companies
  • Income from concealed work (generally independent person generating “cash”)

The intervention of the private investigator will allow you to highlight an obvious insolvency organization.

This is income that is complementary to professional income. The private investigator will therefore conduct a heritage investigation to identify property held by your spouse.

Once identified, real estate assets are assessed financially whether they are owned by companies or in their own name. The wealth survey will show whether your spouse is trying to hide property income or fraudulently organizing his or her insolvency.

If your spouse tries to minimize the amount of the compensatory benefit by explaining that he is no longer able to live properly, the private investigator in charge of your investigation will suggest that you, through surveillance and track, establish the veracity of these statements.

If the private investigator’s findings demonstrate the opposite of these statements, a report will put you defending your interests before the JAF (Family Court Judge).

In addition, you can call on the service of a private investigator:

  • In the event of recovery of a compensatory benefit
  • In the case of an assessment of the compensatory benefit
  • In the event of a reassessment of the compensatory benefit

The arrival of a new person in the life of your spouse implies for those who try to stop paying the annuity that he no longer has to bear alone the burdens of the compensatory benefit and those of the household. You can therefore ask to recover the debts owed.

Conversely, if the spouse who receives the compensatory benefit no longer lives alone, you can prove this cohabitation in order to reduce this benefit.

You are looking for true proof professionals, contact us without further delay.

To go further

How is the Compensatory Benefit calculated?

In the event of a divorce by mutual consent, the amount of the compensatory benefit is suitable for both parties, so the judge will validate the divorce proceedings by establishing payment terms (monthly, annual or single annuity).

Please note that the compensatory benefit may not exceed 8 years.

Nevertheless, the judge may refuse mutual consent if he or she believes that a party is aggrieved. Section 278-1 of the Civil Code “In the event of divorce by mutual consent, the spouses set the amount and terms of the compensatory benefit in the agreement established by act under private signature countersigned by counsel or in the agreement they submit to the approval of the judge. They may anticipate that the payment of the benefit will cease as of the completion of a specific event. The benefit may take the form of an annuity allocated for a limited period of time.
The judge, however, refuses to approve the agreement if it unfairly sets the rights and obligations of the spouses.”

In the event of a so-called “conflictual” divorce, the Family Court Judge will have an arbitration role and will assess the elements of section 272 of the Civil Code, the most important of which are:
– The duration of the Wedding
– The age and health of the spouses
– Time already or to devote to children
– Qualification and employment status in relation to the labour market
– Wealth, both in capital and income, after the liquidation of the matrimonial scheme.

The Family Case Jude will decide the amount of the compensatory benefit based on the items provided by both parties.

Why call on one of the private detective agencies of the Prometheus Group?

It is common for the spouse to pay a compensatory benefit to try by any means to conceal it in order to pay as little as possible.

The investigations carried out by our teams of private detectives will provide the necessary evidence to defend your case.

The private detective agencies of the Prometheus group:
– Determines the existence of hidden and hidden income
– Determines the target’s employment situation and source of income
– Determines real heritage
– Determines the lifestyle
– Determines the new love situation and a possible source of additional income that can prove bad faith

When to use the services of the Prometheus Group?

– Before announcing the divorce to your spouse we photographed through a heritage survey all the real estate and furniture held. We identify shares or other investments made in companies. This shows, after a divorce application, an insolvency organization
– During the divorce procedure
– After the divorce proceedings, to reassess the amount of the compensatory benefit if the situation of one of the ex-spouses has changed. (Re-marriage, new society etc…)

For any request for an investigation to assess the compensatory benefit, the private detectives of the Prometheus Group remain at your disposal to defend your interests, until proven otherwise.