On July 8, 2021, the Court of Appeal of ‘s-Hertogenbosch granted a temporary reduction in partner alimony due to the effects of the corona crisis.
The husband works as a truck driver in road construction and, as a result of the corona crisis, can no longer work overtime as of December 1, 2020. The husband’s gross income decreased as a result, making him unable to pay the established spousal support. The spousal support had been set by the court at €650.00 per month as of February 12, 2021. Due to the decrease in his income, the husband asked the court to reduce this amount.
However, the court rules that general economic recovery after corona is in sight, which is also expected to have a positive effect on the road construction contracts to be awarded to the husband’s employer. Therefore, the court assumes that, as of December 1, 2021, the husband can return to overtime and earn an income equal to that on which the spousal support is based. For this reason, the court rejects the husband’s request for a final reduction in the spousal support to be paid by him. However, the court does take into account the fact that for the period February 12, 2021 to December 1, 2021, the husband does not receive any income from overtime. For this reason, the court reduces the partner alimony for the period February 12, 2021 to December 1, 2021 to an amount of € 329.00 per month. In addition, the court determines that the husband is again obliged to pay an amount of € 650.00 per month as of December 1, 2021. Finally, the court notes that if overtime can still not be realized by the husband after December 1, 2021, it is up to the husband to change the spousal support, either by mutual agreement or through the courts. In short, the ball is being put in the court’s court’s court with the alimony obligor.
For advice and/or if you have any questions, please contact the staff of the Law of Persons and Family Law Practice Group.