Despite being on sabbatical from working as a lawyer, I sometimes volunteer to give advice about German law. Some people think that they can approach a lawyer and are entitled to an answer to their questions. They are wrong.
One year ago, I wrote about a greedy child from the Philippines who wanted to sue and garnish his father’s ass off and even wanted to receive part of the estate before the father had even died. He had already annoyed me, not only because of the content and the wording of his questions, but because of having reminded me 3 or 4 times that I should please reply to his questions soon – without him paying for it of course.
I think he is back:
“Moser,Which has the priority in Maintenance Obligations ? Is it the child or the new wife?I read about this new Alimony Law of 2008 that said that the child maintenance support has priority over the divorced wife and even the new wife. The maintenance claim is against the pension income of the father. The maintenance title is a foreign judgment but declared enforceable in germany. It seems there is a table of how much is distrainable.
Has the new Alimony Law of 2008 affected this table ? Does this table has to be followed or applied strictly or are there exceptions to the rule because of the emergence of the new Alimony Law ?Does this include foreign maintenance judgment where the amount was already fixed ?
Now my question is: who gets the precedence in the maintenance payment or entitlement first, is it the child or the wife ? Please elaborate why the wife or child or why not.
I understand the father is entitled to his living expenses of some Euro 930. The father’s pension is some Euro 1,500,00. the child’s maintenance was set at some Euro 300,00. The father is saying that he has remarried and claiming support for a new wife.
There is this table that I don’t understand, there is a column “0”, does this mean no dependents ? In this case, the child is the only dependent other than the new wife. Where does the child belong in this table and how much is he entitled ? If you can explain this, would be grateful.
Thanks in advance for your help.
I refused to answer the question because I thought it resembled the “greedy child” case too closely.
I received this response:
Moser,You replied but you said: you cannot help” ! Give me a REASON why you cannot help with my question. Are you just being polite or just unreasonable and stubborn ?
Now, here’s some free advice: If you want a service from a professional, calling him “unreasonable and stubborn” won’t help.
But this guy still did not stop pestering me:
Moser,For God’s sakes, you did NOT answer my question! What is your problem ? Why do you refuse to answer this question ?I do not want to call you a LIAR but if you can show proof that indeed you have answered this question on “Maintenanance payments PRECEDENCE ” – then, YOU WIN !!
Surprise announcement: I don’t need to prove anything, I don’t need to do anything, I don’t have any obligations towards you, just because you e-mail me. You e-mailing me does not establish a contractual relationship, as we lawyers would say.
Can you believe it? This guy still did not give up. I just received the 4th e-mail today:
Moser,You have not my first question ! You have not answered either the 2nd and 3rd follow-up ! WHY ? At least give me a REASON !
I hope he will find this blog, and his answer in it.