Calculate Alimony and Capacity to Pay - Free Advice

Questioner

I am married, my husband has an ex (me too) and 2 children who live with their mother. My daughter lives with us. My son lives with his father (co-parenting). To what extent is my income, I earn more than my husband, taken into account when recalculating alimony? My husband has a new job where he earns less. I work 40 hours, my husband does too, his ex-wife works 20 hours.

Lawyer

It is the case that if the payer/maintenance obligor gets married or enters into a registered partnership with a new partner who also has children under the age of 21, a maintenance obligation towards those stepchildren also arises. This in turn affects the ability of the payer/maintenance obligor to pay and may be a reason to re-establish (or have re-established) the amount of child support. The step-parent obligation does not apply in the event of (permanent) cohabitation. It only applies in the event of a new marriage or a new registered partnership. Also if the financial situation changes, which may be a reason to change the maintenance. I would be happy to make a new calculation for you. Do you have any questions? Please feel free to ask. If you wish, you can contact me directly.

Questioner

But how is the carrying capacity calculated pro rata? His (my husband's) income and my income. Why do I have to work full time and they don't? Does this mean that my husband now also has to pay part of the cost of my child?

Lawyer

Your current partner's ex also has that enlightenment. Because I don't know all the details, I can only give general advice. I can calculate the capacity for you. How that works is too complicated a process. Yes, your husband also has a step-parent obligation.