Alimony in Detention: What to Do?


Questioner

My husband is in detention and has no income anymore, can I stop the alimony he normally pays? Can the mother of his child claim the amount from me because we have a registered partnership? What happens when the child turns 18 and is still studying? Can the child then claim anything from the father even if he is still in detention?

Lawyer

Detention does not automatically terminate maintenance payments, so they can still be claimed, even if the child is 18. Detention may result in a reduction in income and therefore grounds for review. However, a discussion can then be held as to whether there is a culpable loss of income. The extent to which recovery is possible from you depends, among other things, on whether there is a community of property.

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