Question:

Explain German Unterhalt law

by Guest5242  |  11 years, 4 month(s) ago

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Good Day!

I (US Citizen residing in Germany) was granted a divorce in June of 2007 after years of separation (and much resistance) from my now ex-wife (German national).
We were married for 12 years, last 3 of which we were separated. We have two sons, aged 7 and 9 (both born in Germany). My question is regarding the new Unterhaltsreform. My wife made it very clear during our divorce proceedings that she will do everything in her power to make me suffer financially. Prior to the birth of our first child, she worked for an airline. Shortly after the birth or our second son, she was offered a severance package by her employer (an airline that was in bankruptcy at the time), which she upon much deliberation accepted (the reason then was the overall uncertainty whether her employer will even exist when she returns from maternity leave). She now claims that we were under mutual agreement she will remain a housewife for the rest of her life. Unfortunately, she has resorted to extreme actions before (such as delaying school attendance of our younger son by one year, because under the old Unterhalt law she did not have to go back to work until he was in fourth grade, a fact she admitted in a face-to-face conversation). What are my chances of requesting her to go back to work, even part time? (Both sons will be in school as of August, my wife is now 44 years old and this might be one of her last real chances to actually return to workforce successfully?). For her own sake and the sake of my children, I want to make sure she becomes at least somewhat financially self sufficient.
There is also a rather interesting fact - her father died in October 2006 (during our separation). He always claimed to provide for his two daughters and take care of them financially for the reminder of their lives. Several years ago, his net worth was at least in the range of EURO 1 million (some of it in Swiss accounts not known to German authorities). My Ex claims she did non inherit "anything". Is there any way I can obtain a record her father"s testament/estate probate?
Can I do anything in the event my Ex "refused" her inheritance (an act difficult to understand given she claimed virtual poverty and great need for financial support from me at the time)? Could she have simply forfeited her right to her share of inheritance in benefit of her mother and now receive hefty financial assistance from her without any influence on the Unterhalt I have to pay her?

Thank you in advance for your time answering my question.

 Tags: explain, GERMAN, law, Unterhalt

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