Alimony increase: your rights and steps

Questioner

I got divorced 16 years ago. I have 2 children. At the time, a covenant was drawn up stating what my ex had to pay in alimony and an annual indexation. He never paid the increase. I still get the same amount as 16 years ago. I have discussed this with my ex and he is not prepared to pay more. What rights do I have in this and how can I best arrange this?

Lawyer

You are simply entitled to the higher alimony, so your ex-partner must be notified that he must pay the higher alimony and if he does not do so, he must be summoned.

Lawyer

In addition to what Mr Martens writes, Article 403 BW 1 states: 'No benefit is due for the period that has already elapsed more than five years at the time the request is submitted'.

Lawyer

In further addition: I assume there is not only a covenant but also a divorce decree to which the covenant is attached. You do not then have to proceed to a summons to obtain a ruling from the judge, but you then already have a ruling to get the indexation due over 5 years on the alimony paid. So write and in case of non-payment go to the bailiff to seize.