Professional legal assistance in the event of divorce

Questioner

Divorce: My ex has not paid anything and is withholding all information. Divorce 2010: 2 children, now 18 and 16 years old. I moved to a rental apartment with my eldest, while my husband stayed in a house he owned with my youngest, who has been living with me permanently since 2013. Owner-occupied home is 50/50 ownership; for sale, no interest. Mortgage based on life insurance euro 225,000 (4.4% in 2010). Asking price house (2014): 185,000. My ex has determined that I have to pay him 500 euros per month for mortgage and I have always done that. There was no consultation while the burden sharing should take place in proportion to income. I have not received any copies of deeds, annual bank statements, WOZ assessments, etc. from my ex despite repeated requests. Personal loan euro 9600. The agreement stipulated that the car had to be sold (estimated value euro 7500) to alleviate this debt. The car was sold but I don't know what my ex did with the money. Child support: My ex has to pay me 140 euros per month for my oldest. He never did that. My ex has to save 11 euros per month per child. He never paid. I earn 1600 euros net per month. I spend 850 euros per month on mortgage and rent. My ex was unemployed for a while. He claims he only earns 1000 euros net per month. But he drives a car and has had 5 cars in the past 4 years. I'm at the end of my rope, both emotionally and financially: I've been in the red for months and my car was recently scrapped. I have considered withholding money from the 500 euros I have to pay my ex per month for the mortgage but I am afraid that he will stop paying the mortgage and that we will go from bad to worse. I do not want to argue with my ex. What should I do?

Lawyer

Fear is a bad counselor. A whole laundry list. I'll start with child support. I advise you to have the outstanding child support collected via the LBIO. The LBIO has extensive powers to seize. The costs are for the non-paying maintenance debtor. From the age of 18, your ex-partner may pay directly to his child. In principle, the amount is the same, but the adult's own income now counts. Your daughter can expressly authorize you to act for her in court. The house You are now - probably - both jointly and severally (100%) liable for the repayment of the mortgage debt (if you have joint ownership of the home). If one of you does not pay, the mortgage lender will call on the other. If that one does not pay either, the home will be auctioned. The remaining debt is again jointly and severally. If the house is 'underwater' and you are both prepared to wait for better times, then you will have to make good written agreements. It is customary for both owners to share the fixed costs (mortgage repayment, municipal taxes, building insurance) of the house. The remaining costs are for the account of the person who continues to live in the house. Reasonable and fair is when the latter pays an amount to the other for the enjoyment of living. That amount is usually a percentage (4%) of the annual surplus value of the home. In the current situation, you can also opt for an amount equal to 50% of the rent for an equivalent home. You also claim half of the estimated value of the car sold by registered letter. I believe that you should seek the help of a lawyer. You may be eligible for subsidized legal aid. You can contact one of the lawyers on this website, a legal aid shop or law shop in your area or Het Juridisch Loket (0900 8020) or: http://www.juridischloket.nl/Pages/default.aspx

Questioner

Thank you very much for your prompt and expert advice. I'll think about it for a while, but I think I'll follow your advice and hire a lawyer. I can't figure it out myself and I'm getting upset.