Child Support Changes - Legal Advice

Questioner

Dear Sir/Madam, I pay child support for my two sons. I pay 850 euros per month. Their mother is now going to live with my children at her new boyfriend's house. Can I pay less now? I prefer to pay my children for extra things myself. L.

Lawyer

Child support is a contractual obligation that can only be changed by mutual consent (recorded in writing) or by court order. Therefore, you may never unilaterally reduce or stop child support or offset costs with child support. If you do, there is a good chance that your ex-partner will call in the LBIO. This organization has far-reaching powers regarding seizure without the intervention of the court. The LBIO can seize wages, seize your bank account and seize your goods. The income of a new partner, outside of marriage or registered partnership, is not included in the calculation of the ability to pay for child support. However, living together will affect the ability to pay. After all, one can now share the costs of living. To change the child support, you will have to have a new ability to pay calculation made. If that is more favorable, then you first try to reach an agreement with your ex-partner. If that does not work, then you will have to go to court.

Lawyer

As of 1 April 2013, alimony will be determined on a more flat-rate basis and will be calculated on the basis of a capacity-to-pay table. In principle, this table does not take into account any cohabitation, which means that cohabitation with a new partner is no longer such a change that child support can be revised. However, determining child support is a customized matter and there may be circumstances in your situation that require a deviation from the above rule. The judge may be asked to take this into account because the outcome would otherwise be unacceptable, but this does mean that the judge must deviate from the main rule and that high demands are therefore made on this request. The jurisprudence is still divided on this point. There are courts where a correction is applied, but also courts where this does not happen. The best thing is to come to a revision of the maintenance in consultation with your ex-partner. If this does not work and you would reduce the maintenance unilaterally, your ex can only call in the LBIO if the maintenance has been laid down in an order by the court. If this is not the case, she will have to ask the judge to lay this down. In such a procedure, you can then try to have the maintenance revised. You will then have to be able to demonstrate a relevant change in circumstances.