Can I claim alimony from my ex-partner?
May 2, 2024 | 45,00 EUR | answered by Gerd Möller
Dear Sir or Madam,
My name is Sophia Voigt and I am currently facing a difficult situation regarding the maintenance of my ex-partner. My ex-partner and I separated a year ago and we have two children together. Since our separation, I have been primarily taking care of the children and working part-time to make ends meet.
On the other hand, my ex-partner has a well-paying job and is living a luxurious life without taking care of the financial support of the children. I am worried if I can demand maintenance from him to cover the costs of childcare, school supplies, and other expenses.
So far, my ex-partner has refused to pay maintenance and I do not know how to proceed. What legal options do I have to demand maintenance from my ex-partner? Are there any specific regulations or laws that can help me in this situation?
I am grateful for any help and support, as I cannot bear the financial responsibility for the children alone. Thank you in advance for your guidance.
Sincerely,
Sophia Voigt
Dear Mrs. Voigt,
Thank you for your inquiry regarding child support from your ex-partner for your shared children. I am sorry to hear that you are in a difficult situation and have to take care of the children's financial support on your own.
In Germany, there is a legal obligation for parents to provide support for their children, regardless of whether they are still living together or not. The amount of support is determined by the income of both parents and the needs of the children.
In your case, since your ex-partner has a well-paying job and leads a luxurious lifestyle, he would be obligated to pay child support. To claim support, you have several legal options. You could start by trying to reach an out-of-court agreement with your ex-partner. If this is not possible, you can pursue support through the courts.
To pursue support through the courts, you could seek the assistance of a family law attorney. They could help you claim child support and file a lawsuit in court. Typically, the court will examine the financial situation of both parents and set an appropriate amount of support.
There are specific regulations and laws that can help you in this situation. For example, the German Civil Code (BGB) in §§ 1601 ff. governs the maintenance claims of children. The Maintenance Advance Act may also be relevant to you if your ex-partner fails to meet their support obligations.
It is important to take action early to enforce child support, as support claims can often be made retroactively. I recommend consulting a family law attorney promptly to review your legal options and get assistance in enforcing child support.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Gerd Möller, Family Law Attorney
