Maintenance Shall Have – Who Left?

February 10, 2021


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The maintenance is the most fiercely contested result of a separation. And it stays there during the separation, divorce and even then. What should be done if the need exists and the Unterhaltsverpflichtete can not pay? Going to a lawyer or a lawyer, who is familiar with family law is strongly recommended. Whether as a maintenance creditor or debtor maintenance – to give an overview of this complex matter, here’s a brief summary: maintenance obligations are to meet, based on the need to protect a precedence. In the first place are minors and children up to the age of 21 who are still in school. Second it follow in the third rank spouses who can claim maintenance because of child care or a long marriage, spouses who are dependent on other reasons (unemployment, illness, etc.) on maintenance and in the fourth age children undergoing training (lesson study).Enough money not vulnerable children can be considered primary to finance all calculated maintenance claims.

Generally at least a necessary deductible must here the workers maintenance debtor by currently 950,00, in the case of unemployment 770,00 remain. Who owes maintenance, is obliged to go to work in a reasonable manner. When maintenance obligations towards minors a more stringent purchase is obligatory, if the money is not enough. Here may be that he extends its work up to a maximum of 48 hours per week, reduces cost in a reasonable manner, with lower rates operates the debt, geebenenfalls applied for consumer insolvency proceedings, changes the job in favor of a better paid job, takes even an activity outside of the acquired or the unskilled force unemployment or exerts an additional ancillary activity on 400 euro basis required by the debtor. A real”repairing here does not exist, since the Jurisdiction assumes that the debtor could pay if he would apply.

Not goal income calculated in fictional and considered to be earned”. As the income is in fact to judge, you should leave a lawyer. All this does not help, because can be (verifiably!) not found work and not costs (sometimes car travel costs to work eating substantial sums, while the public transport would be far cheaper, pendulum would costs by relocating), a real repairing exists, in this case, the concerned maintenance debtors should urgently present maintenance titles such as court orders, judgments or child protective services documents checked on above, to avoid maintenance residues. Because above subordinated maintenance creditors are less vulnerable as minors and students and are often obliged, at least partially, to contribute to their maintenance, you are Requirements for a purchase of the debtor are not quite as strict, but meets the maintenance debtor against them compulsory acquisition. Not a well-paid activity may be abandoned in favour of self-employment or worse paid activities, efforts to employment must be proved for unemployment! And also here are not always as a priority and probably at lower rates to pay off debts, insofar as this is reasonable given the vulnerability of the maintenance debtor. To determine is that not everyone is poor”maintenance debtor could not pay in fact, however, there are enough cases where a maintenance debtor is a high maintenance title urgently correct down should be. The variations are endless and each case is separately and individually to assess why this post can give only a few notes, a comprehensive legal advice is can not be replaced this. Should not take up the funding for a consultation or representation can help lawyers and your local District Court. Lawyer Wiebke Meyer-Arndt, Bonn