Lausebackesmama
Do you have an executory tilte for the child support?
As far as I can see, you haven't the ability to pay, because you don't get enough money for yourself. In Germany you call it an abolute "Mangelfall". So the question is: Do you have a title? So you would have debts by the German country. But if you don't have any title, you don't have debts you have to pay back by now. So you are WILLING to pay for your child, but you aren't capable to do so. That's the important difference: you WANT to pay, but you don't have enough money. If you have a title, your lawyer has to start proceedings to get it back. But you have to circumstantiate first, that you are ill / handicaped and that it is not possible for you to work. In German court, legal obligation to get a job and work for child's support is very high, so you have to argue convincingly, that you'll be relieved of the duty to work and pay. It would make sense, to copy what I wrote to the "Forum", so that other people can read and help, too.
Hi smith00,
I know a case (the wife of a friend of mine) whose former husband got all his debts subtracted from his salary before the child support was calculated. I think this depends on the details of the circumstances for these debts; it is beyond what can be assessed without further information.
Furthermore, the approval of these debts depends on the judge(s) who decide about the child support - it is difficult to predict what might happen.
Regards,
Martin
That is very interesting, I am sure that the judge will have a laugh at my expenses: moving house, carpets, fridge/freezer and a heater. I really hope my lawyer stands up for me when I get one!
I have just written to the Jobcenter to make sure that I do not have to disclose payments from: "Occupational health and safety agency", for "Industrial Injuries Disablement Benefit scheme".
There is no mention of this in my jobs seekers agreement, but I am double checking for safety, I am not a "Benefit Cheat".
I will then know what my total earnings are, and will be able to move on with my life!
🙂