Legal Assistance with Child Support | Rechtswinkel.nl

Questioner

A few years ago, the court decided that my ex (the father of my children) did not have to pay child support, because he did not have the means to do so at the time. Now, years later, I notice that it is becoming increasingly difficult to make ends meet, in fact I just about make ends meet every month. In itself I don't earn badly, but I can't pay a lawyer to see whether my ex can now contribute to the costs of caring for the children. To what extent is it possible to receive free legal assistance to initiate legal proceedings, so that the ex will make a financial contribution to the children?

Lawyer

Good evening, Because you have a low income, you are entitled to subsidized legal aid. The lowest personal contribution is 287 euros, see http://rvr.org/nl/subhome_rz/rechtsbijstandverlener,Inkomensgrenzen.html If your income is at social assistance level, you can have your personal contribution reimbursed through special assistance. Whether your ex-partner can pay now depends on his ability to pay. You can read this in this table: http://www.rechtspraak.nl/Procedures/Landelijke-verzekeringen/sector-familie-en-jeugdrecht/Documents/Draagkrachttafel-2014.pdf If you wish, you can contact me without obligation for alimony procedure.

Questioner

Good evening, thank you for your answer. However, on the first website I see the following: You are not entitled if your collective income is higher than €25,600. Does that mean that if I am above that I can not get any compensation? In short, my ex never has to contribute anything to the costs for our children? 287 EURO is already difficult to get together or to be able to pay. I can not make ends meet in the month. What can you advise me? The second link should tell something about my ex partner. However, I do not know what his income is, we have no contact. The only thing I know is that he (I think together with his partner) has his own shop. With a 'smart' accounting he can probably easily show that he has nothing to spend? Isn't it strange that I have to bear 100% of the upbringing and 100% of all costs for our children?

Lawyer

Good afternoon, The income limit for a family is 36,100 euros gross per year. Then the government pays the lawyer and you pay a personal contribution, otherwise you have to pay this yourself. I can apply for an addition for you, so that you know the personal contribution. Perhaps we can work something out. I always write a letter to the other party first with the request to show income data. The tax assessments show the correct income (unless he commits fraud of course). Finally, I agree with you that this is strange, the mother is often left with the children and the costs. The law states that there must be equal parenting, but it is almost impossible to force an ex-partner to a visitation arrangement. Alimony can be enforced and collected well.