affidavit
August 5, 2009 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My husband is making a sworn statement. The accompanying form asks for the wife's income. Am I obligated to disclose my income as the wife? What consequences could this have? Is there another way to proceed?
I would appreciate a prompt response.
Sincerely,
G. Schmitz
Dear seeker,
Thank you for your inquiry!
I would like to respond to your questions considering the description of the situation and your input as follows:
It is common for the net income of the spouse to be disclosed as well. This is especially the case if the debtor, in this instance your husband, has a claim to pocket money against the wife. This claim to pocket money is subject to seizure.
In a recent decision, the Federal Court of Justice ruled (BGH, decision of 19.05.2004, case no. IXa ZB 57/03).
In conclusion, the income of the other spouse must always be disclosed if there is a possibility of indirect access to it, for example, because it concerns the claim to pocket money, or because the debtor has shifted assets or income to the other spouse to evade enforcement measures and thus disadvantage creditors.
Although I do not know all the details of the situation, you will most likely have to comply with the request to disclose income if such a request is made.
For safety reasons, you should inquire again at the competent local court.
I hope I have provided you with some initial legal guidance and wish you success and all the best!
I would like to point out the following:
The legal advice provided by me is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me via my email address or the follow-up option.
I wish you a pleasant Wednesday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
