Calculation of alimony and housing costs | Legal aid centre


Questioner

What is included in the calculation of alimony as housing costs? Mortgage interest in any case. But is (a reasonable) repayment also included? I assume so, but I'm seeing mixed messages. If not, then as a person liable for maintenance payments you will never be able to buy a house and meet the new requirements that you must pay off your mortgage (because otherwise you will not receive mortgage interest deductions)? In that case, it seems to me that mortgage interest deduction should not be taken into account in the calculation of the ability to pay.

Lawyer

The repayment that is now indeed mandatory when taking out a mortgage loan is in principle also included in determining the capacity to pay spousal support. However, it may be the case that in a particular case it is assumed that there is an unreasonably high housing cost. It is up to the judge to determine this. The judge can assess this on the basis of personal circumstances and the local housing market. Child support is currently calculated using a standard housing cost, equal to a percentage of net disposable income.

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