{"product_id":"vragen-30397-vanwege-eerdere-goede-ervaringen-met-deze-website-stel-ik-hierbij-een-nieuwe-vraag-mijn-nieuwe-pa","title":"Legal assistance with child support | Legal aid centre","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Based on previous good experiences with this website, I am asking a new question.\n\n My new partner (relationship since February 2013) and I have been living together for a year. She divorced in October 2013 (after a long court case).\n My girlfriend and her ex-husband have been in a WSNP trajectory since 2010. In March 2014, her ex-partner was given a clean slate, and my girlfriend was given one month ago. \nThe marriage produced 2 children (4 and 7 years old). Because the parties were in the WSNP process during the divorce case, it was deliberately chosen not to claim alimony, which would otherwise be set at zero in connection with the WSNP.\n Because both parties are now out of the WSNP and the ex-husband does not want to make any financial compensation to my girlfriend\/children, we have decided to start an alimony case through the lawyer. This only concerns child support.\n We have discussed this with her ex-partner and he has already announced that he will find a way out of this in all sorts of ways. After he had contacted his lawyer, he informed us that the amount will be 25 euros per child because according to him, the welfare during the marriage is taken into account. Because they were in the WNSP trajectory at the time, they only had 463 euros to spend themselves, the rest had to be paid to the debt restructuring company. Both parties worked full-time. \nWe have a completely different point of view: we believe that the situation of NOW should be taken into account. The WSNP no longer applies to either party. Her ex-partner has remarried, in community of property, (his wife also works full-time) and they can therefore clearly contribute more than 25 euros per month per child. He lost his job six months ago and now receives unemployment benefits. He has always had work and the expectation is that he will return to work soon.\n I would like to know which position has the best chance of success. What arguments could we put forward to make the alimony as high as possible.\n Since the father contributes nothing at all to the children, his contribution is desperately needed.\n We also believe that children should not become victims of the WSNP that was in place at the time.\n\n By the way, there is no cohabitation agreement between me and my current partner. We do have a joint account\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nUnder Article 1:402 paragraph 1 of the Dutch Civil Code, the judge has considerable freedom in determining the date on which maintenance payments commence and also the date for determining the needs of the children and the financial capacity of the non-custodial parent.\n\n Your question cannot be answered in general terms for that reason alone. The judge's decision will take into account all aspects of this case.\n\n The need and the capacity to pay, the only legal standards, are in principle determined using the Trema standards. The calculation is - especially in blended families - quite laborious. You can find the Trema standards here:\n\n http:\/\/www.recht.nl\/nieuws\/familierecht\/113899\/nieuwe-tremanorms-juli-2014-2014-2\/\n\n As you will see, the examples are based on the financial situation at the end of the marriage, as the most common. However, this is certainly not authoritative, there are sufficient divergent statements to support your position.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55014488965469,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-30397-vanwege-eerdere-goede-ervaringen-met-deze-website-stel-ik-hierbij-een-nieuwe-vraag-mijn-nieuwe-pa","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}