Can I force my ex-partner to pay alimony?
February 7, 2024 | 30,00 EUR | answered by Erwin Evers
Dear divorce lawyer,
My name is Heike Voigt and I have a question regarding the maintenance from my ex-partner. After our divorce a year ago, my ex-husband has not paid any maintenance for me. I am currently a single mother of two children and therefore urgently need financial support. Unfortunately, my ex-husband is unemployed and claims that he is not able to pay maintenance.
I am very worried about the financial future of my children and myself, as I cannot earn enough on my own to cover all expenses. I have tried to talk to my ex-husband and reach an agreement, but he continues to refuse to pay maintenance.
Can I force my ex-partner to pay maintenance, even if he is unemployed? Are there any legal steps I can take to ensure that he fulfills his financial obligations? I want to ensure that my children and I are adequately provided for and do not have any financial difficulties.
Thank you in advance for your help and support in this matter.
Sincerely,
Heike Voigt
Dear Mrs. Voigt,
Thank you for your question regarding the maintenance from your ex-partner. I am sorry to hear that you are in this difficult situation and are concerned about the financial future of your children and yourself. It is important for you to know that you are entitled to maintenance, even if your ex-husband is unemployed. There are legal steps you can take to ensure that he meets his financial obligations.
First and foremost, it is important to understand that the maintenance debtor is generally obligated to pay maintenance, regardless of whether he is unemployed or not. If he is actually unable to pay maintenance because he is unemployed, he can apply to the Youth Welfare Office or the Family Court to reduce the maintenance. In this case, he would have to prove that he is actually unable to pay maintenance.
However, if your ex-husband simply claims that he cannot pay without providing evidence, you can take legal action to claim maintenance. For example, you can hire a lawyer to file a maintenance claim with the Family Court on your behalf. The court will then determine whether your ex-husband is actually unable to pay maintenance and, if necessary, establish a payment obligation.
It is also possible that your ex-husband has assets that can be used to make maintenance payments, even if he is unemployed. In this case, the court may request a disclosure of assets to determine if he has sufficient assets to pay maintenance.
It is important that you seek legal advice on this matter to assert your rights and ensure that you and your children are adequately provided for. Please do not hesitate to contact me to arrange a consultation.
Best regards,
Erwin Evers
