Advice on alimony changes after divorce
Questioner
Hello, I am a divorced man. I have joint custody of two daughters (15 and 17). I bought off the partner's alimony. Together with a mediator we divorced over two years ago. Ex continued to live in the old house and I have since bought another house. Together with that mediator we have set the child support at €480,- for two children. This is deposited by me into an and/or account that my ex manages but that I can view. Now it turns out that I have less to spend than we assumed at the time. In other words, those €480,- are a considerable burden on my net income. Now it turns out that we have been able to save over €6000,- on that child account in about two years. According to me this means that I can pay less. The agreement states that it will be evaluated once a year whether the amounts are still in accordance with the expenses made for the benefit of the children. We also agreed in the agreement that study costs will be borne pro rata. My ex wants to use the €6000 for this, but that would mean that I will pay for the study alone and said nothing. That does not seem to me to be in accordance with the agreements. Can my alimony be reduced? and if so, how should I arrange that? And what do you think of the fact that my ex wants to use the €6000 for the study while that money is not intended for that purpose in my opinion. I am curious about your opinion.Lawyer
I agree with you that the study should be pro rata. If you believe that you have a lower capacity because your income is lower, that could be grounds for a change request. That can be calculated. If desired, you can contact me directly.Lawyer
Recalculation of the maintenance may indeed be indicated. In order to determine whether such a request has a chance of success at the court, the covenant, the parenting plan and the divorce decree from that time will have to be reviewed. It will also have to be considered why you now have less to spend than before and whether that indeed gives rise to a request for amendment. If it has been determined with regard to the study costs that these will be borne pro rata, it does indeed seem strange that a considerable amount of alimony is now apparently being saved for these costs. The children's needs may have been set too high. If desired, you can also contact me.Take the next step
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