Alimony and the Biological Father: Your Questions Answered


Questioner

My question is as follows; My eldest son is recognized and therefore has a legal father. This man can't pay the alimony for long because of bankruptcy. (My son has no contact with the man) My son also has a biological father with whom he has contact. Is it true that if the legal father is no longer financially capable, I can claim maintenance from the biological father? I would love to hear from you,

Lawyer

I understand from your story that the person who acknowledges the child is not the same person as the father. The father of a child is only liable for maintenance if a child otherwise only has a mother. I therefore see no legal basis here to demand maintenance from the father.

Lawyer

Normally, the net disposable income of the family is always taken into account to determine how high the costs of a child are ('need of the child'). Then, based on that, it is determined what the father should contribute to those costs in the form of child support. Of course, it is also determined whether he can pay that contribution. In short, this determines how much the father pays in child support. But what if the father never lived with the woman in a family, but a child was born from their relationship? This circumstance does not prevent the father's financial resources from being taken into account when determining the child's needs, the Court of Appeal in 's-Hertogenbosch ruled on 16 March 2006. The Supreme Court had already ruled this in 2004. The legal basis is that both the father and the mother must contribute to the care and upbringing of the child. This would be inadequate if, in order to determine the child's needs, only the costs incurred by the mother for that child were to be taken into account, while she did not have access to maintenance paid by the father for the child at the time. You may contact me without any obligation.

Questioner

So it is not the case that if it can be demonstrated that the legal father can no longer pay (enough) maintenance, I can claim maintenance from the biological father? There are quite a few different stories about it... Thank you in advance!

Lawyer

According to the ruling of the Supreme Court, this is entitled to call the progenitor to his maintenance obligation. Should you wish further information, I would be pleased to hear from you.

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