Andrea B. got so far monthly 1250 euro as maintenance of her divorced man.
But then he wanted to work shorter and voluntarily went into partial retirement. Because he now earns significantly less, he wants to cut Andrea's maintenance by over 700 euros.
Andrea B. (49) looked at her lawyer in disbelief. Instead of 1250 euros, she should now be paid only 547 euros from her ex-husband Ralf as maintenance.
The family court had just redefined that sum. Because Ralf had gone into partial retirement. Because he earns less, he could not pay as much as he used to, according to his argument. Logically, said the judge and gave Andreas Exmann right.
Andrea had a good argument in court:
"My ex voluntarily went into partial retirement because he wanted to work less, should I be punished for it?"
Ralf, however, claimed to have been urged by the boss and countered: "My ex-wife is pressed for years before work, leads a comfortable life of my money, which can not be."
In fact, Andrea had not worked as a saleswoman since the birth of her first child. And she was unable to find a job due to the psychological burden of separation.
"I can not possibly live on 547 euros, " she told her lawyer. He nodded. And because Ralf went to semi-retirement without any problem, the lawyer suggested that he appeal.
How would you decide?
Now your opinion is in demand! Do you think Andreas's demand for full maintenance as previously justified? If her ex had been forced to reduce his working time, perhaps a reduction would be understandable. But what if he chooses to do it voluntarily? Should Andrea then suffer and have to forego a large part of the previous maintenance? Imagine being the Appellate Judge. Would you cancel or confirm the first judgment?
So judged by the judge
Andreas's vocation was successful - but only partially. Because maintenance cuts are not justified solely by voluntary partial retirement. This would only be permitted if the working hours were reduced for health or operational reasons. Because the court of appeal could not recognize this, it set the monthly maintenance to 991 euros. So Andrea gets a little less than before. Because she could not prove that she is too sick to work and thus can contribute to the maintenance (OLG Saarbrücken, Az: 2 UF 7/06 - 10/06).