Is my ex-partner obliged to increase alimony every year according to indexation?


Questioner

Is my ex-partner obliged to increase alimony every year according to indexation? I have been divorced for 9 years now and my ex-partner has never increased the alimony according to indexation. He is obliged to do this, right? In addition, the agreement states that he must pay 300 euros per month, he has now been paying 225 euros for a year. And then he transfers that 75 euros to my son. My financial situation has currently changed, because I have been on sick leave for a year, which I am unfortunately not out of for the time being. My ex-partner also received a significant pay rise as of January 1, 2023, can I have the alimony recalculated. Am I entitled to this now that my situation has changed and can I possibly also request the increase according to indexation from him retroactively? There is currently no contact between us, so I will have to send him a letter, with my request, if I do indeed have a right to these things. If I want to send him a letter, what should I put in it?

Lawyer

Indexation is mandatory unless you have waived it in the covenant. This can be done retroactively. A recalculation is also possible. The best option is to contact the LBIO. Take a look at their website: www.lbio.nl

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