– Hello, The Eastern Herald in Germany!
My wife and I are going through a divorce. The year of separation is coming to an end. I work as a programmer, by convention I do it from home. I can start at least 5 a.m. and finish at lunch, which I do. In this regard, my ex-wife and I have agreed that the child will spend six weeks of summer vacation with me. For four weeks I will work until lunch, then I will work with the child. We are going on vacation for two weeks.
Question about alimony. If the child is physically with me for six weeks, should I transfer child support to my wife (520 euros).
The money is transferred to the maintenance of the child, not his mother. And if necessary, does it have to be the total amount?
And further. We have an agreement that I transfer money for clothes twice a year – an additional 500 euros. Does the law provide for additional payments for a teenager and their amount? It is important for me, because the ex-spouse constantly insists, saying that I am a bad father, and threatens to take away my right to education. I already have a schedule for when the child stays with me. Is it necessary? Can my ex-wife even deprive me of the right to see the child? What must she prove to do this?
THANKS.
Peter F., Ingolstadt
- Dear Peter!
Generally, child support is paid regardless of how long the child spends with the child support parent. As long as the parents do not agree that the child lives on an equal footing with the father and mother (known as the Wechsel model), child support is paid regardless of is the time he spends in the household of the other parent. Only in the rarest cases is the fact of extensive communication taken into account by the court when awarding alimony. If you are not going to go to court in the near future with the question of changing the content for a child (with a very, very ghostly chance of success), then you can safely stop keeping diaries and protocols.
In addition, additional voluntary expenses for a child do not affect the amount of child support. In limited cases, the mother can even request (and not request) additional payments, if necessary, to reimburse the costs of school trips or tutoring of the child. However, these cases are also severely limited by case law. Overall, therefore, there is legal certainty. You simply pay the assigned or agreed monthly maintenance amount and that’s it. You shouldn’t have any more headaches about this.
It is almost impossible to deprive a father of the right to see his child. And even more in the context of disputes or requests for alimony.
Maxim BRITANOV
Fachanwalt für Familienrecht / Fachanwalt für Migrationsrecht,
Law Factory Britanow & Dr. Hirsch
Such. : +49(0)69 26 49 22420
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