What legal consequences does failure to make maintenance payments have?
October 5, 2023 | 50,00 EUR | answered by Nina Koch
Dear lawyer,
I am reaching out to you as I urgently need advice and assistance regarding a question about maintenance payments. My name is Luisa Schulze and I am a single mother of two children. Since the separation from my ex-partner a year ago, he has been regularly paying the agreed maintenance for the children. However, he has suddenly become insolvent three months ago and informed me that he can no longer afford to pay the maintenance.
This situation is causing me great concern as I rely on the maintenance from my ex-partner as a single mother to support the livelihood of my children and myself. I am therefore worried about the legal consequences of unpaid maintenance payments. What consequences could my ex-partner face if he is unable to pay the maintenance anymore? Can I take legal action to claim the maintenance and what options do I have in this situation?
I seek your support and advice to understand how to proceed in this difficult situation and what legal options are available to me to ensure the maintenance for my children. Thank you in advance for your assistance.
Sincerely,
Luisa Schulze
Dear Mrs. Schulze,
Thank you for your inquiry regarding child support payments for your children. I understand that this situation is very distressing for you and I would like to support you in this matter.
First and foremost, it is important to know that child support payments are legally regulated and the parent obligated to pay is required to provide support for their children. If your ex-partner suddenly becomes unable to make payments and can no longer provide the agreed upon support, this has legal consequences.
In such a case, as a single mother, you have various legal options to enforce the support. Firstly, you should try to contact your ex-partner and reach an agreement. Perhaps a payment plan or a renegotiation of the support amount can be considered.
If an out-of-court settlement is not possible, you can take legal steps to enforce the support through the court system. In this case, a family law attorney can help you file a petition with the family court. The court will then assess whether your ex-partner is indeed unable to pay and find an appropriate solution to ensure the support is provided.
If your ex-partner continues to not pay the support, further measures such as wage garnishment or enforcement actions can be taken to compel the payment of support.
It is important that you know your rights and seek legal assistance in a timely manner to ensure the support for your children. I am available in my online consultation hours to further discuss your questions on this topic and help you enforce your rights.
I hope that this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Nina Koch, Attorney at Law
