In case
of the death
of the
former spouse, in the
absence of another marriage, the
spouse that until now has received the maintenance allowance (not having remarried on their part), will have the right to the widow's pension, as long as the employment relationship from which the marital compensation originates comes before the settlement for a divorce in Italy.
32 In short, in the
absence of some special circumstance, a judge should not vary or rescind an order for the payment
of child support so as to reduce or eliminate arrears unless he or she is satisfied on a balance
of probab - ilities that the
former spouse or judgment debtor can not then pay, and will not at any time in the future be able to pay, the arrears.