Victory before the district court of St.Pölten
Victory before the district court of St.Pölten
Our candidate lawyer, Mag. Vadim Gusenov, was able to achieve a great victory before the district court of St. Pölten. Our client was accused by the St. Pölten public prosecutor's office of not having fulfilled his obligation to look for a job in order to be able to pay his alimony. However, as Mag. Gusenov skilfully argued, this was not the truth. Our client had even registered with the AMS as a job seeker in order to find a job even faster. However, the public prosecutor's office assessed this as an attempt by our client not to fulfill his obligations and to want to obtain benefits. However, Mag. Gusenov was able to explain to the court that our client had registered as a job seeker and had not applied for any benefits. As a result, the court had to acquit our client.
Unemployed vs. Looking for a job
There is a difference between being unemployed and looking for a job. Looking for a job means that you want to try to get a job again as soon as possible. You can therefore register as a job seeker even before you lose your job, so that in the best case scenario you do not become unemployed at all. Only after losing your job can you register as unemployed in order to be able to claim benefits if necessary.
The difference is explained very well in this article on Advocard: unemployed vs. jobseeker
When do I have to register as unemployed?
You must register as unemployed no later than the first day after losing your job. However, if you know in advance when the employment relationship will end, you can register as a job seeker beforehand.
Benefits during unemployment
Simply reporting unemployment does not mean that you will receive unemployment benefits or other benefits. You have to apply for these separately. It is not only important to have the right documents, but also to comply with all deadlines so as not to risk losing social security. Even if there is no entitlement to unemployment benefit, there is the possibility of receiving various benefits.
Unemployment and Alimony?
In the case of unemployment, the unemployment benefit is used to calculate the alimony. However, if the legislature feels that the parent is attempting to escape their responsibilities by wanton unemployment or by entering a job below the level of education, a notional income is used to calculate alimony.
Who has to pay alimony?
Children are entitled to maintenance or livelihood. If both parents are in the same household, this is done through the so called 'natural maintenance or livelihood'. This includes: accommodation, food, clothing, leisure activities, tuition and pocket money. If the parents are separated, the parent with whom the child does not live must contribute their part to the maintenance. In most cases, this is done through cash payments. These are calculated as a percentage based on income. There is more detailed information on this topic on this page: calculate alimony.
Dr Klammer can help you with any concerns related to this topic
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