First off, sorry for the English. I can read German well, but can't write it in a readable way. Have browsed these forums for a few months, and must say that I really like the community.
Now to business.
I am separated for 2+ years, live in Berlin, 2 children live with their mother, and we both have custody of the children, I see them on weekends. The mother does not work (what incentive is there anyway).
We lived in an eigentumswohnung when we lived together. It belongs to her parents and she still lives there. She pays €250 wohngeld monthly to the owner of the building. Normally, the rent would be ~€1100, plus €250.
Does the difference count towards her fictiv income?
Paragraphs 5 and 8 of "Unterhaltsrechtliche Leitlinien KG Berlin" seem to say yes it does.
However the judge of our Unterhalt case wrote in his ruling that "since she has to be there the whole day for the kids", it has no effect.
Has anyone had any experience with this?
Thanks
no experience with that, but it is a matter of fact, that she has fictive income by having the possibility to avoid paying rent; by this fact a significant part of living cost are covered; this should lead to lower maintenance payments for you as if she did not have this unique opportunity of free housing; her obligation to work depends on the age of your children; in general she does not need to work anything before the youngest child is 8; you should definetiily discuss the case of fictive income with you lawyer; get one asap if you do not have one for the time being.
good luck, diver