Partner obliged to increase alimony every year according to indexation?

Questioner

I have been divorced for 9 years now and my ex-partner has never increased the alimony according to indexation. He is obliged to do so, right? The agreement states that he must pay 300 euros per month, he has been paying 225 euros for a year now. And then he transfers that 75 euros to my son. My financial situation has currently changed, because I have been on sick leave for a year, which I am unfortunately not out of for the time being. My ex-partner also received a significant pay rise as of January 1, 2023, can I have the alimony recalculated. Am I entitled to this now that my situation has changed and can I possibly also request the increase according to indexation from him retroactively? There is no contact between us at the moment, so I will have to send him a letter, with my request, if I do indeed have a right to these things. If I want to send him a letter, what would be the best thing to put in it? I would like to hear from you. Kind regards, Chantal Vrij

Lawyer

If your ex-partner is required to increase alimony according to indexation and he does not do so, you can file a request with the court to have the alimony recalculated. To do so, you must file a petition and substantiate your request with evidence of your changed financial situation, such as pay slips and medical certificates. You can also request retroactive increase of alimony, as you indicate in your question. This would mean that your ex-partner would have to pay for the period in which he did not increase alimony according to indexation. A lawyer can also help you negotiate with your ex-partner and guide you through the process in court. If you want to send a letter to your ex-partner about the request, it is advisable to communicate clearly and professionally. You must substantiate your request with evidence of your changed financial situation and your ex-partner's obligation to increase the alimony according to indexation. It is also advisable to consult a lawyer for advice on the content of the letter.