Legal advice on alimony problems

Questioner

My ex unilaterally terminated the cohabitation agreement in mid-March last year. She moved elsewhere but did not report the move to the GBA administration For child support, the court has determined that the child's need is based on the income of the previous year, as she claims, while there is no evidence that she had already left in October, as she claims. My ex then also deducted the mortgage interest and I now receive an additional assessment of €3,600 because the tax authorities continue to regard us as tax partners. She then deregistered from our joint address in January 2018 to her new address where she has been living for a year. How will I ever get my tax claim back, because my wife shares nothing and only reaps (me)!

Lawyer

You must reclaim the part that concerns her, but that you paid for her to the service on the basis of recourse. Just look carefully according to which provision the partnership is deemed to have ended if there is a contract, and what should happen then.

Questioner

Good afternoon Monique, Thanks for your response, how do I then claim back a recovery? I have previously contacted the tax authorities about this and they simply state that you are a fiscal partner and according to tax law we must therefore assess you. Next week I have an oral appointment with the tax authorities in response to a filed objection. They have already stated above by telephone that they are obliged to hear me because if I appeal against this decision the first question they will get in that case is: 'have the parties involved been heard'. That is the only reason they want to hear me but according to the tax law they are right in this! Do you have any further advice that I can use with them in this? By the way, my ex terminated the cohabitation agreement without any further explanation with a 1-line note. 'I hereby inform you that I am terminating our cohabitation agreement as of March 15, 2016' Apparently nothing more was needed, as nothing further was mentioned about this in the agreement

Questioner

Monique thought my response was 1 on 1 to you,. Can you please remove my name and phone number, I see to my horror that this may have gone wrong. Thanks

Lawyer

I don't see a name or number anymore. In any case, the recourse claim must be sent to your ex and then give her a certain time to respond or arrange a payment proposal if it concerns an amount that you know she cannot simply pay in one go.

Questioner

In fact, you mean to approach my ex via that recourse. He has never paid 1 cent and only collected. Really large amounts. How can I best approach that, I assume not via the tax authorities. For example, can I charge the amount in 12 installments of €300 or 18 installments of €200 to the child support? Consultation with my ex-partner is pointless, he only wants to damage and 'pluck' me where possible and does not give a damn about these kinds of matters while in fact she simply committed fraud by not changing her address in the GBA but only doing so a year later. Isn't the obligation within 5 working days? Assume, as with everything else, she does not respond to this, that child benefit, allowances such as child-related arrangements and associated budgets have been paid to her by the various official bodies.

Lawyer

Child support may not be offset legally. But in principle you are the creditor so you determine the proposal for payment. Yes, after the move one must quickly register at the new address. If she fails to pay you can force her to do so. Sometimes conflict law is regulated in the cohabitation agreement, for example by arbitration. that is low-threshold. Otherwise it will be the court.

Questioner

In fact, you mean to approach my ex via that recourse. He has never paid 1 cent and only collected. Really large amounts. How can I best approach that, I assume not via the tax authorities. For example, can I charge the amount in 12 installments of €300 or 18 installments of €200 on the child support? Consultation with my ex-partner is pointless, he only wants to damage and 'pluck' me where possible. Does not respond to these kinds of matters while in fact she simply committed fraud by not changing her address in the GBA, but only doing so a year later. Isn't the obligation within 5 working days? Assume, as with everything else, she does not respond to this, that child benefit, allowances such as child-related arrangements and associated budgets have been paid to her by the various official bodies.

Questioner

The court is the only thing I never want to get involved with again. Already 2 years of money, amounts I deliberately do not mention, new middle class car, trouble and 'assistance circuit'. Being right is not getting right and time teaches everything. Ex partner still gets free legal aid based on 2015 income!!! She just continues with her lawyer, while she has had a very good income since 2016 and I can continue to pay for everything. Not even deduction of costs tax. How right? Only a lot of people who have been busy for years now without any time restrictions and who all have the best intentions and spend a lot of time, which is actually a waste and should be spent on real problem cases. Now only fighting a losing battle. When 2 divorce, 2 are to blame. However, my ex sees this differently and is already trying to label me as a psychopath and to separate me from our children. Fortunately, there is light at the end of the tunnel and our children are now also very often with their own father. I hope that this nightmare will be over this year.

Lawyer

That's all true. It has become a consumer product, the divorce. But do you stop your claims in time and in them within 20 years. Maybe there will be something to settle between the two of you one day.