Crossborder support

Maintenance across borders         

Based on decades of experience in dealing with these issues, I have found that international maintenance disputes - involving both children and spouses within the context of a marriage or following a divorce - are usually characterized by the following frequently asked questions:

• Which courts have jurisdiction over an application to set or increase maintenance?
• Which law applies?
• Where can a court order for maintenance be enforced?
• How can a court order for maintenance be enforced?
• Which courts are responsible for an application to reduce or discontinue maintenance?
• What can and must be done if enforcement proceedings are already underway?
• Could or are lower living costs of a particular foreign country in which a child or spouse is living automatically taken into account when calculating the maintenance that a child or a spouse is entitled to?
• Or, conversely, can or are higher costs of living in a particular foreign country in which a child or spouse is living, taken into account when calculating the maintenance that a child or a spouse is entitled to?
• What happens if the maintenance creditor moves to another country?

These are all questions that we have dealt with in detail for decades and as such, we refrain from answering even one of them here for the following reason: As there are so many variables involved in cases of this nature, even answering these most common questions requires profound specialist knowledge. It would be frivolous to try to answer them in a few sentences, even answers in broad terms could be completely misleading.  Should any of these questions be relevant to you, rest assured that should you approach our firm to help you, we are well able to promptly tailor you a specific and effective answer suited to your individual situation.

Case Law