{"product_id":"vragen-52922-toen-mijn-zoon-18-werd-heeft-zijn-vader-waar-hij-tot-mijn-zoons-grote-verdriet-nagenoeg-geen-conta","title":"Need help with alimony issues? Get free advice","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nWhen my son turned 18, his father, with whom he has almost no contact, to my son's great sorrow, sent him a WhatsApp message with initially a picture of his new child, my son's half-brother. My son thought this meant that his father was starting to involve him in his life again and responded to the message. Immediately afterwards, the father sent another WhatsApp message in which he asked my son if he didn't think that now that he had a new child, he no longer had to pay child support. My son felt so hurt that he responded emotionally with a 'no, keep your money, I don't need anything from you anymore.'\n\n At this moment, both the LBIO and the bailiff can no longer collect any alimony arrears because of this whatsapp. My son will have to go to court again, something he finds really difficult.\n \nWhat I don't understand is how a WhatsApp message can weigh as much in this case as a court order. Both the LBIO need the original order to be able to collect, a copy is not good enough, while a simple WhatsApp message seems to be enough to sweep an official legal document off the table.\n\n How is this possible? And what else could my son do? He only gets a basic grant from DUO, because they assume that he gets alimony from his father and that his father therefore contributes to his education, but that is not the case. And it also seems impossible to realize. Because of 1 emotional whatsapp!\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThis simple WhatsApp message is based on a complex legal situation in which your son literally waives his right to alimony until the age of 21. The first question is whether he can waive this now that it is a legal obligation that may not be offset or waived on the side of the payer. In that case, the literal text is voidable because it is contrary to the law or due to threat, fraud or abuse of circumstances by incitement (Article 3:44BW)\n\n Two: your son can have the unilateral legal act of renunciation of the right to maintenance (even if that in itself is not invalid) annulled extrajudicially on the grounds that the recipient of this message could not have justifiably relied on the literal statement, but that in light of the given complex of intense (provoked) emotion, he should have understood the real message and content.\n \nIn a letter addressed to his father he can state the above. Your son can find the grounds for annulment in article 3:33BW \/ 3: 35 BW, the sender of the WhatsApp appeals to the lack of a will directed at the legal consequence that has manifested itself through his statement due to the fact that on the side of the father the purport of the message should have been seen and understood in the right light (justified trust is lacking)\n\n Article 34 as a second ground can be mentioned that your son reacted in a fit of rage.\n\n The WhatsApp message (the statement) must therefore be destroyed extrajudicially due to the lack of the intention to waive maintenance payments, which is aimed at the legal consequence, and the lack of justified confidence on the part of the recipient.\n If that is done, the LBIO and\/or bailiff may react differently. If necessary, I can help your son with drawing up the test for a small fee.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55006049861981,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-52922-toen-mijn-zoon-18-werd-heeft-zijn-vader-waar-hij-tot-mijn-zoons-grote-verdriet-nagenoeg-geen-conta","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}