Changes to agreements in covenant - Legal advice


Questioner

I have a question regarding the possibility of changing agreements in a covenant. My ex and I have co-parenting and have included the following in our agreement, which was ratified by the court in December 2010. - the division of care 40/60 - 100 euros in representation costs (concerning a lease car) are included in the calculation. Now that the Supreme Court has determined that the calculation of child support with regard to child-related budget must be calculated differently, my ex wants a recalculation of the support. Of course, she is fully within her rights in this. However, now she is also asking the court to review the division of care and the representation costs. I (of course) do not agree with this. For the sake of clarity, I would like to explicitly state that there have been no changes regarding the visiting arrangements compared to the situation in 2010. Regarding lease car, I am account manager (work area entire NL) and need the car to be able to perform my work and enjoy a certain salary. With other work (e.g. internal service) my salary would be considerably less. Can she, without there having been any major changes, go back on agreements made and ratified? How does a judge deal with this? What is the chance that this will be revised? I look forward to a response with interest P.

Lawyer

The court can always be asked to make a change, provided that there are changed circumstances and there is no express non-change clause in the agreement that excludes this. Changes in circumstances are, unfortunately, accepted rather lightly by many courts. As for representation costs, there will have to be expenditures to cover them. It will be a point of discussion in a new procedure. In any case, I can advise you, with all the information at hand, to simply ask a good family law attorney to make an assessment of your chances.

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