Help with Alimony Problems | Rechtswinkel.nl

Questioner

My boyfriend made a mistake in his automatic transfers and has been paying his ex the alimony twice on the same date for 4 months now. 1x the amount for that month in 2017 and 1x what the amount was in 2016. Now that he asks her to pay it back or if she wants him to withhold it, she indicates that she will not do that, because her kids have decided for vague reasons not to come to us anymore and not to go on holiday with us in the past 3 months. She has never said anything about it to my boyfriend, both about their absence and about the overpaid alimony, while she keeps nagging about e.g. 10 euros too little. If my boyfriend stops the upcoming alimony, she will definitely call in the LBIO to collect with an additional fine. But what can my boyfriend do in this case to get his money back? Thank you very much in advance for your effort

Lawyer

Your friend can stop paying for the time being, as long as too much has been paid. Suppose your friend has to pay €100.00 per month and has already paid €400.00 too much. Then he can appeal to settlement for the next 4 months (4 x €100.00) and start paying again after the period of 4 months. If the ex-partner calls in the LBIO, your friend can show that he is ahead with the payment.

Questioner

Thank you very much for your quick response. It is about a little over 1500 euros so quite a lot! She now indicates that she wants compensation for the extra costs she has incurred because the children are now with her more, but has never said anything about that and has also never said or talked about the fact that the children have decided to stay away (temporarily). It seems to me that they should talk about that together, but that she cannot just choose an amount herself?

Lawyer

I think so too. If there is a covenant or court ruling regarding alimony, it is also wise to consult this.