Lawyer clarifies
Where problems often arise with alimony
Alimony payments can - as reported - be a tiresome topic and fray the nerves of everyone involved. Especially when one of them doesn't want to pay. Lawyer Simon Kapferer knows enough about such cases. In an interview with "Krone", the lawyer provides some insights.
Kronen Zeitung als bevorzugte Google-Quelle hinzufügen "Krone": Is it common for parents to disagree about maintenance payments?
Simon Kapferer: I know that it is often uncomplicated. Maintenance agreements can be concluded at the BH, which works very well as far as I have experienced. In cases that end up with a lawyer, one parent usually refuses to pay. When it comes to spousal maintenance, separate arrangements can be made - such as a waiver of maintenance or agreement on a fixed amount. This is not possible when it comes to child maintenance. This is because the child is legally entitled to the money, even if one parent manages it. Otherwise you would need permission from the guardianship court. The court has to check whether the agreement is in the best interests of the child. Nevertheless, agreements are probably also made without the court's approval. However, these are legally invalid.
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