Objection to the method used?

Questioner

R and W are divorced. The subdistrict court has determined a procedure for the division of the child-related budget requested by W (lowest income). The procedure is carried out by P with the consent of both parties and results in R and W receiving the amount they are entitled to based on their income. What remains (= added value) is deposited into the son's savings account. Applied to 2021: received 3200, W is entitled to 1600, R is not entitled because his assets are too high. This leaves 1600 for the savings account. This method was applied by P for the years 2016-2020. R now objects to the method used. He states that for 2021 the entire amount should go to the savings account: added value is the total difference between the amount that W receives and what he would have received. The result is that W does not receive any amount for 2021, because he does not receive anything either. According to P, this is completely contrary to what the subdistrict court has determined. W has received a letter from the lawyer in which he demands that the full amount for 2021 go to the savings account and that the calculations for 2017-2020 be carried out according to his method of added value. Question 1 is whether he can demand this while only P is authorised to do so? Question 2 is how W should respond to the letter, which threatens to initiate bailiff proceedings.

Lawyer

I advise you to contact 0800 822 4433 or send an email to info@echtscheidingswinkel.nl to schedule a free intake interview. The lawyer will then go through your situation and provide you with advice. It is important for the advice to also see the documents from the judge.