Expert advice on child support


Questioner

I got divorced in 2011. The covenant states the following; As of 1-4-2011 to 1-1-2013, the man pays the woman a monthly contribution in advance for the children of €333.33 per month per child, a total of €1000. This contribution will be subject to the statutory indexation as referred to in art.... for the first time on 1-1-2012 In order to determine and determine child support after 1 January 2013, the parties will meet no later than 1 November 2012 to mutually determine the needs of the children and the financial capacity of the parties. -He continued to pay the €1000 until 1-3-2014, after which he decided that it had to be increased to €600. Can I reclaim this retroactively? -He never paid indexation. Can I reclaim this retroactively? -I have asked several times for a new calculation of the ability to pay, but he does not respond to that. I want the alimony to be recalculated and recorded. Can you advise me how to approach this?

Lawyer

Dear, What is the reason why the child support was set until 2013? Now that the gentleman has paid the child support for another year, it can be said that the agreement has been tacitly extended and therefore still applies. Did you protest against the reduction of child support to €600.00? If a petition for the determination of child support is filed, the child support is often (changed) as of the date of filing the petition. In special circumstances, which may apply to you, a retroactive change or determination of the child support can be requested. You can certainly claim the indexation retroactively. A limitation period of 5 years applies to the indexation. You can now claim it back from 12 January 2012. A lawyer can help you make a calculation of your ability to pay. A lawyer can send him a letter and if he does not respond to it, make an estimate of his income. You can always call me for more information.

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