International Issue Alimony in Germany

[eisero]

Hi all..

I wish to know how long Alimony has to be paid?

It will make 2 years that I have been married to my German husband at the end of April, 2004. He was seperated with her in September, 2000, and final divorce was in March, 2001. He has been paying her an large amount for her and their son since the divorce. She has since then met a new man, has parents with a good amount of money that help her out, and she also works part/full time as well.
We have no problems giving the amount of money for his son, but as for her Alamoni, she is only 32 and able to work full time since her son is in grade 3 now.

What would be the proceedure to only pay her child support?

grateful for the help.

Rose

 

[NYClex]

German alimony law is pretty complicated but this is the gist:

- Child support has to be paid until the child is either 18 or completed her first vocational education, whichever is later, but not later than the child's 27th birthday.

Alimony to an ex-spouse who is caring for the common child has to be paid under the following conditions:

-generally until the child is 8 years old unless the parent who is caring for the child is working voluntarily and earning enough money. But that parent cannot be forced to work, not even to work part time.

-is the child between 8 and 11 years old so can the court agree in exceptional cases that the parent has to work part time.

-is the child between 11 and 15 years old the courts have held that the parent should be working part time, if there is child care provided (for example in a state run after school program. German school hours only are until noon).

-is the child older than 15 the parent should work for her own living.


In addition to that, there are other grounds for alimony:

- the ex-spouse is unable to work because of disability or old age

-the ex-spouse in pursuing full time education

-the ex-spouse is unable to find work because of unemployment

And third, even if the ex-spouse is working, but is earning less than the "fair share" of the kind of standard of living they had when married, the richer ex-spouse must make up the difference: Example:

The couple A and B earned 5,000 Euros per month, A earns 3000, B earns 2000. Basically the fair share of each of them is 2500. After divorce A has to pay 500 Euros alimony.


So in your case, with the child being in third grade, he probably is 9 years old. You would have to see how much she is earning with her part or full time job. If it is as much as the "fair share" of the standard of living at the time of divorce, you don't need to pay. If it is less, you have to make up the difference.

But, and here things get really complicated, if she started working in that job only after the divorce, her earnings will not be applied to the calculation. Example:

Couple A+B earned 5000 Euros per month, only A was working. After divorce Exwife B starts working and earns 2000 Euros per month. Still the Exhusband has to pay 2500 Euros to her, because that is the fair share at the time of the divorce.

In reality the calculation is not as simple as I described it here. There are certain minimum amounts that are guaranteed to each of the ex-spouses and there is a percentage formula if one of them cannot pay the actual sum. So if there are some real questions about the sums, it would be best to contact a German family lawyer.

Of course, the moment the ex-spouse marries again, your husband would not have to pay any alimony at all anymore.

 

[eisero]

wow..sounds complicated enough..:-/

My husband told me also that if she is with a new parter for a max of 2 years..weather married or not..the law states that he can pay her less.

She is working part time (from what we are aware of) but her son stated she does other odd jobs..we have no idea how mucxh extra she is making and there is no way to prove it..as it is under the table..:-/
And her parents are well off as well, and sahe also receives money from them as well.

His son will be 9 in December.

Seeing as she has a partner ( which I told my husband it was already when we were married 2 years this month)
But he said he cannot prove that as she told him it will makle 2 years next March 2005.

Is there anything we can do to prove all this?

Thanks
Rose

 

[NYClex]

As I said before, income from jobs taken up after the divorce or gifts from parents etc don't count when assessing the alimony. Even if her parents would be millionaires that would not change anything, since the parents are not responsible for their adult daughter's maintenance.

If she does not live together with her boyfriend in one residence it will be very difficult to get a court to agree to lowering the alimony on those grounds. The boyfriend is not legally responsible for her maintenance either.

Without knowing the details and amounts involved it is difficult to say anything about whether it is worth the effort or not. But from what you wrote I think the chances of getting a court to agree to lower the alimony are pretty slim. Of course one can always try, you might want to contact a German lawyer. Lawyers' fees in Germany are much less than here, so it might be worth it.

 

[eisero]

You mentioned that lawyers in Germany were less expensive then there...may I ask where you are?

Rose

 

[NYClex]

I am in the U.S. but I lived many years in Germany.

Yes, in Germany the government regulates the fees that attorneys can charge (the regulation is called Bundesrechtsanwaltsgebührenordnung BRAGO) and it sets pretty reasonable fees which are lower than what is standard in the states.

 

[eisero]

I wasnt aware of that?
I will be sure to look into that..thanks for the info.I dont mean to be nosy..but hey..Im a woman...its in my nature..

Why were you living in Germany..Army or marriage?

Rose

 

[NYClex]

LOL, neither, I was born there.

 

[eisero]

ok..then I HAVE to ask..

What would take you away from here???
I guess marriage?..))
I am Canadian and had a chance to stay in Canada..I was there 3 months and I missed it here...people are friendlier and the way of life is so much better here..and I have to admit...the wine is alot cheaper and better as well..))

 

[meadow01]

Need more detials about calculation and lenghth of time

I have a question about the laws regarding alimony in Germany. My boyfriend, Josef, has been separated for two years and divorced for one year. He has two children, a girl now 12 and a boy now 14.

He has lived in the states for 2 years and his wife has custody.

His ex-wife has and still works 20 hours per week and receives both child support and alimony. Yesterday Josef told his ex-wife that his goal is to discontinue alimony when the youngest child turns 16. She told him that she would take him to court if he tried to discontinue the support.

What are the laws on alimony in Germany? Is she required to support herself sometime or will he have to support her indefinitely. How is it calculated? Is it based on income now or during marriage?