Alimony Review After Divorce? Get Free Advice!


Questioner

During my divorce, child support was set at 450 euros for 2 children. On the advice of the mediator, this was then divided into a partner's share (€200) and a child support share (€250), so that this would be more tax-efficient for my ex-husband. I have been in a relationship for a while now and my ex wants to stop paying alimony and therefore no longer pays it. Can I now revise the alimony? Or am I just unlucky that I agreed to this?

Lawyer

First of all, your ex-spouse is acting unlawfully by no longer paying spousal support. Living together 'as if you were married' is indeed a reason to terminate spousal support based on art. 1:160 BW, but this must be requested via a petition to the court. Until the moment of the ruling, your ex-partner is obliged to pay spousal support. I advise you to have the outstanding payments collected via the LBIO if your ex-partner refuses. The costs of this will be borne by him Secondly, you can always have a new capacity calculation made and on that basis have a new child support determined. For that you will need the help of a lawyer.

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