Calculation of alimony
July 22, 2009 | 25,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
I have been living separated from my wife for almost 6 years now, but I have not changed my registration.
Question:
I calculate the separation allowance using the 3/7 rule based on my net income. I have separately calculated the maintenance for my son who is studying. My wife is not employed. I have left our shared house to my wife. However, it still has a mortgage that I am solely responsible for. I also cover the costs of the mortgage on our condominium alone, currently no rental income due to vacancy. I also cover all insurance contributions, private health insurance, car insurance, household insurance, and even the newspaper subscription. Which of these ongoing expenses can I deduct before creating the 3/7 calculation, and is there a minimum amount that must remain available to me?
Dear inquirer,
first and foremost, you can refer to the self-retention of 1000,- euros vis-à-vis your wife. If your adjusted net income is below this amount, you are to be classified as not financially capable within the framework of maintenance law.
What costs should be deducted from your net income?
First and foremost, the so-called occupational expenses, a flat rate of 5% of the net income, at least 50,- euros and at most 150,- euros.
All obligations that existed during the marriage and were paid by you constitute deductions when calculating the adjusted net income, including repayment and interest payments for the joint real estate and the condominium, if you are currently still paying them alone. I assume that there is no marriage contract between you, and therefore the mentioned positions still fall under the equalization of gains.
Health insurance contributions are also deductible, as well as pension contributions, and child support.
The costs for other insurances are generally included in the self-retention. Additional consideration would only be possible on a case-by-case basis. The same applies to housing allowance. If you live in the mentioned condominium yourself, your income would also need to be increased by the so-called housing benefit.
I hope this information has been helpful to you. If you have any further questions, feel free to ask.
Sincerely,
Andreas Scholz, Attorney
