Recalculate child support

Questioner

Our parenting plan was drawn up 4 years ago. In the meantime, my ex-partner has started working more and earning more. Does it make sense to have a new calculation made? She will not cooperate voluntarily. Another question. Without consultation, my ex-partner went to an orthodontist, I had no say in this. Now she is trying to recover half of these costs from me. The agreement states: large unforeseen expenses that are not reimbursed by the health insurance, are divided equally. Now it seems to me that 1. you can anticipate this (a dentist sees this coming), 2. you can wait a while and adjust your health insurance accordingly and 3. I am not included in the choices of where (which ortho) & when (time frame, cost) etc.? Before I enter into further discussion with my ex wife, I would like your legal advice. Thanks in advance. Kind regards

Lawyer

1) yes indeed there may be reason to have a recalculation made and 2) your ex-wife must actively inform you in advance about the special costs to be made for the children and you must consult together. Now that the costs have already been made it may not be proportionate enough to make an issue of it, perhaps something similar will happen in the future and I think a warning is appropriate.

Questioner

Dear Monique, Thank you for your quick response. An ex-partner who has started working more (and therefore earns more) is that a reason for the judge to throw open the agreement? It will be about an amount of 800eu gross more. She will not cooperate with this herself by the way.

Lawyer

Yes, that could be possible, but it depends on the intention in the text of the agreement and whether your ex has actually demonstrably started earning more.

Questioner

Thank you. Yes, white works ;-) Since she had a financial capacity of 17 euros per month at the time (+/- 1000 euros net per month), I now pay €530 for the 3 children. A considerable amount. I read stories that judges are not always open to these issues. That is why I ask if the effort will be worth it.