How does the calculation of maintenance payments work?
March 12, 2024 | 40,00 EUR | answered by Oliver Breitwieser
Dear family law attorney,
My name is Heike Rosenow and I am facing a difficult situation. My husband and I separated a few months ago and I am now looking for information on how to calculate alimony payments. I am currently on parental leave and taking care of our two young children. My husband earns significantly more than I do, and I am worried that I will struggle financially after the separation.
I have already done some research on the internet, but the information is often very general and confusing. I do not know how the exact calculation of alimony payments works and what factors need to be taken into account. My husband is not willing to contribute voluntarily to the alimony payments and I feel overwhelmed by the responsibility of caring for our children alone.
Can you please explain to me how the calculation of alimony payments works? Which income ratios are taken into account and what are the alimony rights of our children? Are there ways for me to get support in enforcing the alimony payments?
I am very grateful for your help and hope that you can provide me with clarity in this difficult situation.
Yours sincerely,
Heike Rosenow
Dear Mrs. Rosenow,
I understand that calculating maintenance payments in a separation situation can be a complex and often confusing matter. It is important that you inform yourself about your rights and options to ensure that you and your children are financially secure.
The calculation of maintenance payments is primarily based on the income of both parents. The income of the parent obligated to pay maintenance as well as the income of the parent entitled to receive maintenance are taken into account. The income of the children can also play a role, especially when it comes to calculating child support.
There are various factors to consider when calculating maintenance payments, such as the net income of both parents, the number and age of the children, custody arrangements, any special expenses, and debts. It is important to accurately gather all relevant information in order to make a realistic calculation.
Regarding the maintenance claims of your children, it is important to note that both parents are generally responsible for the support of the children. Child support is determined based on the income of both parents and the needs of the children. It is important that child support is calculated fairly and appropriately to ensure that the children are well provided for financially.
If your husband is not willing to voluntarily contribute to maintenance payments, there are legal options to seek assistance in enforcing the payments. You can contact the youth welfare office, a family law attorney, or the family court to get support in calculating and enforcing maintenance claims.
It is important that you seek professional help to protect your rights and ensure that you and your children are financially secure. I strongly recommend that you consult with an experienced family law attorney who can support you in this difficult situation.
I hope that this information has been helpful to you and I am available for any further questions.
Best regards,
Oliver Breitwieser
