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legal eagle, Attorney
Category: German Law
Satisfied Customers: 11765
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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I am a US Soldier living stationed in germany. Can they make

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I am a US Soldier stationed in Germany. Can they make me pay spousal support 1 year after my divorce was final? I am paying child support (roughly 450 dollars) at the German rate and they want me to pay 1,000 dollars extra for spousal support now. Those dollar amounts are based on a .76 exchange rate and the court does not care about the exchange rate and my pay is calculated before taxes. I really need assistance here, I had the judge laugh in my face in court when I asked him to set a fixed exchange rate for my child support. There was no property division, and a car we co-owned she sold. The legal office where I am stationed would not help me because she went to them first and even when moved 100 miles away.

Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,


thank you for using Just Answer.

My name is XXXXX XXXXX I am a divorce lawyer

The most important question here is


How old is your child and if he or she is over three how is the care during the day ?


Customer: replied 1 year ago.

My son is 6 years old, at the time when my divorce was final in November of 2011 he was 5. He is in the German kindergarten which ends at 1500. My ex-wife who works part time Monday through Thursday is the one who picks him up. She claims that there is no day care in the area she lives in and that because she takes college courses online that she can not work full time. The fact is that I am in the same college as her and I work more hours than her.

Expert:  legal eagle replied 1 year ago.
Dear Customer,


thanks for responding


So theoretically she could work until 2 pm

And ho many hours does she actually work ?


Customer: replied 1 year ago.

According to a statement from her employer, she works 20 hours a week, 5 hours per day.


Her pay advice for shows std.lohn 1 at 11,92 and std. lohn 2 at 11,92 . Durchschn.1 at 11,92 and AZK-std. at 9,72.

Customer: replied 1 year ago.

In addition, my military pay (LES) is no longer the same yet they used her lawyers calculations from my old pay (all before taxes are deducted). I had provided proof in May 2013 from the military finance office that my pay was to change in July 2013. It does not seem fair.

Expert:  legal eagle replied 1 year ago.
Dear Customer,


she is not obliged to work fulltime if the child is only six years old and cannot be put into daycare

Some kids need to be cared for personally by mother or father and cannot be put in daycare all day long


Child support or wife support is ALWAYS calculated from what you earn in the future


So of course they have to take the income that is to be expected in the future



I hope I was able to help


Should something have remained unclear please ask


If I have helped getting a positive feedback would be great as this is how I get credit


Thanks


Your business is very valuable to us

So if your income has changed and will remain so, support will have to be calculated from thelower income not from what you may have earned in the past
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11765
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you
Customer: replied 1 year ago.

 



  • So basically they can make me pay spousal support almost two years after the divorce. As I understand the answer and when you say income in the future you mean they calculate my pay before taxes, and loan payments, etc. Also if they calculated my previous income (that was higher) as a means of determining how much she wants, then they are wrong and have to calculate my actual pay now. I say that because they never cared about what I made now, only what I have made in the past 12 months to calculate my income.

Expert:  legal eagle replied 1 year ago.
Dear Customer,


yes they can make you pay 2 years after the divorce because they could have made you pay right after the divorce as well


This is the legal reason there has to be a reason for paying supportright after the divorce and that was her caring for your child.


But if they have not demanded support until now they cannot demand it for the past only for the future.


They also have to calculate the support you have to pay right now with the income you earn right now and not with income you earned in the past


If the income changes then it is wrong to take the past 12 months and calculate from there



If I have helped I would very much appreciate getting credit by getting a positive feedback

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