Help with Alimony and Legal Questions

Questioner

I got divorced in 2004. At that time, child support was set at 225.00 euros per child. In 2005, a revision of the support to 125.00 per child followed because my ex's income had decreased. Now my ex is asking the court to be released from his payment obligation because he only earns 700.00 euros net per month. My ex is the owner of a company in Germany. He keeps German accounts which I obviously have no insight into. I have no idea whether the income in the company is really that low, or whether he artificially keeps his income so low. I myself earn 2150 net per month, excluding holiday allowance. I am quite prepared to take on the costs for the children, but in 2 years I will have a daughter living away from home studying and a child who is going to leave VMBO to go to MBO. I understand from the court's letter that I can defend myself. I fear that this will only result in an expensive lawyer's bill and possibly a small contribution to the alimony for the next year and a half. Moreover, I have no guarantee that my ex will not file a request for exemption again next year. My questions; 1. Is it wise to defend yourself based on the current data? 2. To what extent do assets count when determining the amount of alimony? 3. Is my ex obliged to contribute to the children's education costs if they are over 18 years old? 4. Is it wise to respond myself to the letter I received from the court in the hope that they will take this into account when determining the amount of maintenance or granting an exemption? 5. What really bothers me is that he books a flight holiday for himself and the children for 2012, smokes and drinks, has an annual pass for himself and my son for the favourite football club, visits the gym 3 times a week, is involved in the football club twice a week and takes dance lessons and therefore has no time for his children apart from the arrangement of a weekend once every 2 weeks (during which the children usually come my way).

Lawyer

I advise you to submit the documents to a lawyer for advice in any case. He or she can then assess whether it is wise to put up a defense. Furthermore, assets count towards the amount of alimony, insofar as those assets yield income (such as interest). You must each bear the study costs of adults in proportion to your net monthly income. If you wish, you can send documents to me for assessment.