Can I sue for spousal support from my ex-partner?
October 9, 2023 | 40,00 EUR | answered by Fred Busse
Dear lawyer,
My name is Simon Rüppel and I am facing a difficult situation. My ex-partner and I separated a year ago and since then she has not been paying any maintenance for our children. I am now left alone and have to bear all the costs for the children by myself, which is causing me significant financial hardship.
However, my ex-partner believes that she does not have to pay maintenance as she has a low income and cannot afford it. I understand her financial situation, but I cannot cover the costs for the children on my own.
My question to you is: Can I sue for maintenance from my ex-partner even if she has a low income? Are there ways for me to receive financial support for my children even if my ex-partner is not willing to pay maintenance?
I am very concerned about the financial future of my children and would be grateful if you could assist me in this difficult situation.
Sincerely,
Simon Rüppel
Dear Mr. Rüppel,
I understand your concerns and the difficult situation you are in. The question of child support is an important and sensitive area of family law. In general, both parents are responsible for the support of their children, regardless of whether they are married or not.
In your case, it seems that your ex-partner is refusing to pay child support because she has a low income. However, in such cases, there are ways to still enforce the support. There are legal guidelines for calculating child support that take into account the financial situation of both parents. Even if your ex-partner has a low income, she may still be obligated to pay child support.
In these situations, I recommend that you consult with a family law attorney. An experienced attorney can assess your situation, analyze the financial circumstances of both parents, and help you enforce child support for your children. There is also the option to apply for child support advance at the youth welfare office if your ex-partner fails to meet her payment obligations.
It is important that you seek legal assistance in this difficult situation to secure the financial future of your children. Do not hesitate to contact a specialized attorney who can assist you with advice and support.
I hope this information helps you and wish you success in enforcing child support for your children.
Sincerely,
Fred Busse
Family Law Attorney
