I'm (35) from my ex-wife (31) separated in 2014 and divorced in mid-2017.
On the day of the separation, we were absolutely equal in terms of earnings. Today she lives with the two children (8/10) in a house for rent, earns about 2000 euro and gets 820 euro child support plus two child benefits. Have the breakup here and there (at least 6) always a partner who contributes either ne Playsi or ne box Lego technique.
I'm living almost 3 years with my new love and her 12 year old son for rent (1500 euro). My two boys are also with us every two weeks and get some shoes or a cool Fortnite shirt here and there.
Whether the information had to be now is for the moment undecided.
Currently, my grandmother told me that my partner and I are "finally" two "full earners". I had to turn away because I did not know with my hand in front of my eyes how I should react to this statement to the boy. I think he said that it would be normal for me to meet him with his clothes wishes. At least that would be exactly the reasoning of his mom. (That will be too much now)
Had a letter from her lawyer two days ago in the box, she wants after 2 years of divorce posthumous maintenance "to which she is entitled to assert"! The lawyer wants my payslips for the calculation of their posthumous maintenance.
Now to my question… Please understand the joke behind it!
Would not it be better now, we would agree except judicially, and I transfer now 750 euro in their account? Would that be appropriate or not enough?
Apparently you earn a lot more if you voluntarily pay 750 euro.
The amount of maintenance-if granted-determines the court…
After we were physically separated, I took a job in which I earn a lot more than in the time before I decided to leave.
has that been bad? She had no habit of enjoying that huge luxury during the marriage.
I always thought that in a divorce the maintenance for all times, so until the child is 25 years old, is regulated?
What her lawyer writes is first of all a wish list; -)
So ask your own lawyer or let it come to a lawsuit.
Child maintenance is clear. Fortunately, the children have nothing to do with the post-marital maintenance. 👍
The habituation to luxury before does not matter. It's about your current income. But sorry, you sound so much like Troll…
You divorced since 2017. She can and may work to finance her life.
Re-marital maintenance, if it exists, results from the income before the divorce.
The starting point for the determination of the post-marital maintenance is the
Gross income of both partners. From this certain obligations (pension, rent, insurance) are deducted. It turns out that
adjusted net income of each partner.
https://www.scheidung.de/nachehelicher-unterhalt.html
The question is ultimately: what were the income levels to divorce? And during the divorce proceedings, was the topic of spousal maintenance ever recorded?
In addition:
For a period more than one year before the lis pendens, fulfillment or damages for non-performance may only be required if it is to be assumed that the obligated party has deliberately withdrawn from the service.
https://dejure.org/gesetze/BGB/1585b.html
As you write, today you have a lawyer appointment. He will then enlighten you in detail about whether she has a hint of the chance to remorse. I would also be very interested in his statement…
Posthumous maintenance is granted anyway rarely and if so, then only for a relatively short period of time. The children are not so small now that the good could not work. And obviously she works too. Moreover, during marriage, as you say yourself, she did not benefit from "luxury" because there was no luxury.
And a principle of post-marital maintenance is:
A condition for the emergence of the maintenance obligation is in each case the neediness of the other spouse.
A neediness at 2000, - Euro I do not see… (or is the gross)? And she did not have to live from Hart 4 … Generally a maintenance is enforceable even after the divorce. How far a judge would go but now in this abstruse demand… Of course, all the important information is missing.
On this page you can find everything that would justify a post-marital maintenance:
https://www.recht.help/informationen/ehegattenrecht/nachehelicher-unterhalt-ehefrau-ehemann-dauer-hoehe-wie-lange/
2000 euro net. Have earned much more before the divorce. But nevertheless it was long after the spatial separation, almost in the separation period. Thank you for your detailed reply. I'll tell you later what came out.
In the case of spousal maintenance, on the other hand, it is necessary to examine in individual cases whether and how income changes affect the maintenance claimant or the dependent person after separation / divorce. Decisive for the amount of the spousal maintenance are namely the so-called "marital living conditions".
https://www.scheidung-online.de/unterhalt/einkommensberechnung/einkommensveraenderungen/
If the income has increased dramatically during the separation phase, but was completely unpredictable and it would not have come about if you were still happy together, then it has no impact on maintenance claims.
You have nothing more to say than to make the first offensive comment here. This is a pity. I've hoped more of your 18,375 answers. But certainly the very poor 286 helpful answers and flattering compliments are no coincidence.
I always come back to each page:
Income that did not characterize marital relationships at any time, was not available during the coexistence of married couples and could not be expected, must be disregarded for the determination of marital conditions.
https://www.haufe.de/recht/familien-erbrecht/nachehelicher-unterhalt-warum-wieviel-wie-lange-neuere-recht_220_79070.html
