Municipality starts recovery contribution while maintenance obligation is over.


Questioner

The court previously decided that I had to pay spousal support for a period of 4 years. That is over, but now I receive a letter from the municipality stating that the recovery contribution has started because the ex is on social assistance. The municipality is aware of the court's decision. They also confirm this in their own letter that the maintenance obligation is limited to 4 years. I cannot object either. What now and can the municipality recover this despite the judge's ruling regarding the limitation of the maintenance?

Lawyer

It is incorrect that you cannot object to the decision of the municipality. I advise you to do so. You have 6 weeks to do so as standard.

Questioner

Thanks for the response. The letter does not state anything about the possibility of filing an objection. Normally this is stated in a letter, but now it seems to be only a notification. In addition, I wondered whether the municipality has the right to recover it despite the fact that the maintenance has been limited and has ended. Do different rules apply here regarding maintenance obligation?

Lawyer

No, just like both of you, the municipality is also bound by the applicable maximum duration of the spousal support obligation.

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