Legal Assistance with Payment Obligations | Legal Aid Clinic

Questioner

My ex-wife has not been meeting her payment obligations since she moved in with her new partner. The divorce settlement stipulates that she must pay me a certain amount each month. Now that she has officially started living with her new partner, is the new partner also liable for the repayment? And can I now reclaim the total amount she owes me since she has not met her payment obligation for two months?

Lawyer

Whether you can reclaim the amount at once now depends on the content of what is stipulated in the divorce agreement. Your ex-wife's new partner is not liable for the repayment. After all, you made this agreement exclusively with your ex-wife at the time. This may be different if she were married to this new partner in community of property in the meantime. The most sensible thing to do now is to inform your ex-wife by registered letter and to summon her to pay the arrears that have arisen in the meantime to you in full within 14 days of the date of the letter. If she fails to do so, you can submit the claim to the bailiff or collection agency. You will have to state in your letter that you will do so if she fails to pay.

Questioner

This is stated in the covenant: Ex owes me a certain amount of money. This will be repaid as follows: - x amount per month first due on February 1, 2016. - if payment is made monthly, then no interest is due. If ex remains in default of payment, then from the first day that payment has not been made, interest of 4 percent per year will be due on the entire remaining amount in accordance with the agreement.

Lawyer

The provision does not therefore explicitly imply that the overdue amount can still be claimed in one go. You will be entitled to interest. However, it may be appropriate to claim the amount in one go if it is clear that she no longer intends to comply with the payment arrangement and your attempts to resume it have not been successful.

Questioner

Thank you for your clear explanation.