Expert: Henning Haarhaus - 11/1/2009

Question
QUESTION: I was divorced in Germany and has been receiving child support fir our two kids and alimony. My kids are graduating from college in a year, and my ex has been generously giving support for their education. My question is: I have remarried in Asia and has been living here since I remarried 2 months ago. Is my ex still obligated to pay me alimony or is he correct that he has grounds to discontinue paying me alimony because of my remarriage?

ANSWER: As he remains the father of the children he is still liable for child support. The new spouse does not have to contribute with a penny.

The case is different as far as spousal support is concerned. In principle, a remarriage ends such obligation. However, if such remarriage would fail it can resurrect under certain circumstances.

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QUESTION: our divorce decree specifically specified the amount to be paid for child support and specifically sapecified that it will only be until 18 years old.
1. can i legally obligate my ex to extend support beyond the specified time?

2. can i oblige him to increase the amount specified in the divorce decree?

3. can i sue him here in singapore as we both are working permanently in singapore? or is there a jurisdiction issue?

4. should i sue him then in germany?

thank you

Answer
Actually, as far as I know child support claims cannot be subject to a divorce agreement according to Germany law However, the amount and the duration for which the child can claim support depends on the laws of the jurisdiction where the child lives.