Help with child support after divorce


Questioner

In 2005 my ex-wife and I divorced. We have a daughter and she continued to live with her mother. She came to me every other weekend as part of the visitation arrangement. I only paid child support. Spousal support was not necessary, she also worked and earned about the same as I did. About two years after the divorce, my ex became unemployed. During that period, she suffered a burnout due to tension and a lot of stress, which is why this period lasted so long. During that time, the child support was not adjusted. I did want to discuss it, but my ex responded lukewarmly. As a result, the initiative fizzled out. In June 2016 my daughter and her mother had a huge fight which resulted in my daughter moving in with me and not seeing her mother for 3.5 months. Youth care and a psychologist were called in to normalize the relationship. I did pay my ex child support in June, but I haven't done so since July. My daughter now has room and board and all other care with me. My ex finds this unacceptable and now wants to recalculate the child support during her period of unemployment and still receive the lost support. My question: is this fair and is she right? I look forward to hearing from you.

Lawyer

The person with whom the child lives is entitled to maintenance, so for the period after the change of residence it is correct that you no longer pay maintenance. In practice, it has little chance of success to have maintenance reviewed in the past, judges are very reluctant to do so, and the lady could have raised this earlier, but she failed to do so. So she is not automatically entitled to a recalculation.

Questioner

Thank you very much for your quick and clear response.

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