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My husbands exwife marrried to a German and brought their

 
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  • Answered by:legal eagle
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Customer Question

My husband's exwife marrried to a German and brought their son to Germany 10 years ago. For past 10 years, she has been kept asking money from my husband for sending her son to expensive private schools, etc. She intimidated my husband if he doen not give her money, her German husband will help her to send him to the prison. My husband, for "pleasing" her, has been kept working over hard and now is very sick so does my younger child; however, we do not have any savings because his exwife keeps asking money...Can I sue his exwife and her husband in the U.S. although they live in Germany?

Submitted: 377 days and 14 hours ago.
Category: German Law
Value: $16
Status: CLOSED
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Expert:  legal eagle replied377 days and 12 hours ago.

Dear Customer,


thank you for using Just Answer.

I am afraid this is not going to be possible as the US state has no jurisdiction over the ex-wife and her husband

They can only be sued in Germany where they are permanent residents




I hope I was able to help

If so please click accept so I get credit


Thank you

Customer replied377 days and 6 hours ago.

In Germany, what court should I go to sue them? How should I sue them and what German law relating to this issue? What documents and evidences should I bring to the court?

Can I sue them avoiding human rights of my family in the International court in the U.S.? Thanks a lot!

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Expert:  legal eagle replied376 days and 21 hours ago.

Dear Customer,


you have to turn to the police in the city where he lives to press charges.

Send the all the evidence you have like a signed statement how she tried to force your husband to pay her money


Customer replied376 days and 20 hours ago.

Can I go to the court to sue her? What court should I go?

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Expert:  legal eagle replied376 days and 20 hours ago.

Dear Customer,


ho do you ant to sue her? For aht purpose ?

If she is to be punished it is only possible to go to the police

Customer replied376 days and 20 hours ago.

She has been asking money two much more than what she and her son need. She ruins my family, not only my huband's health but my young children health, lives and human rights. We do not have enough money to take care of family's health and living expense. Can police force her to ruturn money she has been asking from my huband?

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Expert:  legal eagle replied376 days and 20 hours ago.

Dear Customer,


no police cannot force her to return the money

Your husband will have to go to the family court for that.

The burden of proof and the financial risk for suing is entirely ith him

She will say that he gave it out of his own free will and he would have to prove otherwise. Also in German Law she can claim that the money has all been spent.








If I have helped please click accept thank you






Customer replied376 days and 20 hours ago.

Can I sue her for ruining my family and children's right? I got all the proof.

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Expert:  legal eagle replied376 days and 20 hours ago.

Dear Customer,

no

She can only be sued for paying the money back, but ruining one`s family is not a claim to be filed

Customer replied376 days and 20 hours ago.

But the money she asked is our family mutual money. It includes my share and my children's. She asked without letting me know and illegally got my share and my children's health expense. Why I don't have right to sue her?

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Expert:  legal eagle replied376 days and 20 hours ago.

In odrder to sue you need a basis for a claim

There is only a certain number of these and what you wrote me unfortunately does not give a basis for a claim


If your question is answered please click accept

thank you

Customer replied376 days and 20 hours ago.

What do you mean a basis? I'm confused

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Expert:  legal eagle replied376 days and 20 hours ago.

There are certain basis for claims in German Law

You do not have a claim witout a basis for a claim

For example:

§ 433 BGB the right of the seller to demand money from the buyer

§ 823 BGB the right of an injured person to demand compensation and so on







ithout a basis for a claim you canot go to court


If I have answered your Question please click accept

thank you

Customer replied376 days and 19 hours ago.

§ 823 BGB the right of an injured person to demand compensation

She injured me and my children's live, can I demand compensation according to German family law?

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Expert:  legal eagle replied376 days and 19 hours ago.

No believe me yours is not a case for § 823 BGB !


No unfortunatly there is no way to demand compensatin for that under German Law



If your question is answered please click accept

Customer replied376 days and 19 hours ago.

According to German law, if the husband got married again, what law protects the new marriage and his new family? Is there such a law existing in Germany?

Accepted Answer

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Expert:  legal eagle replied376 days and 19 hours ago.

Desr Customer,


this is a totally new question and as I can see that you are a subscriber would you please accept my anser in this question and then ask what you additionally want to know in a new thread ?


Thank you so much

Expert TypeAttorney
Category: German Law
Pos. Feedback: 100.0 %
Accepts: 389
Answered: 5/9/2012

Experience: More than 18 years of experience in practicing law

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