For Citizens - Service Finder
Assertion of the maintenance claim of the mother of a child born out of wedlock
If, as a child's mother, you cannot agree on an appropriate amount of maintenance with the legal father of the child, you can assert a maintenance claim in court on the occasion of the birth. The conduct of such legal proceedings is essentially governed by the rules applicable to civil proceedings.
If you as a child mother cannot be expected to work because of the care or upbringing, you may also be entitled to care maintenance for the period of 4 months before the birth and at least 3 years after the birth, if necessary longer, to. Such a right to care maintenance may also be due to the father vis-à-vis the mother if he cares for the child.
The height of the Maintenance is calculated according to the recognized principles of the calculation of maintenance, which fill in the indefinite legal terms of maintenance right. For details, please contact the legal advisory professions.
Further information can also be found in the maintenance guidelines of the Higher Regional Courts.
An application for maintenance on the occasion of the birth can only be made by a lawyer.
- The further course of the judicial proceedings is essentially governed by the provisions on civil proceedings.
- The court may order the parties to provide information about their income, assets and personal and economic circumstances. If the parties do not comply with this order, the court can independently obtain inquiries, e.B. from employers or insurance companies.
- Please contact a lawyer.
- The district court responsible for you – family court
- The district court responsible for you – family court – will determine your social services office or the lawyer you have appointed.
As an unmarried mother of a child, you can assert a maintenance claim for a period of 6 weeks before and 8 weeks after the birth of the child, as well as a further care maintenance claim, under the following conditions:
- No marriage to the child's father.
- Paternity has been established or recognised.
- You are in need because you cannot be fully employed because of pregnancy, care or upbringing of the child.
- The child's father is efficient.
Proof of income, assets as well as personal and economic circumstances. Also important are court orders, settlements or documents on maintenance and the recognition or determination of paternity.
- Legal expenses
- Lawyers' fees
- both depend on the amount in dispute
In principle, maintenance can only be demanded for the future. For the past only under certain conditions.
At least 3 months due to the given procedure, in more complex procedures possibly longer, depending on the individual case
- § 1615l paragraph 1 of the German Civil Code (BGB)
- § 111 No. 8 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Family Disputes
- § 112 No. 1 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Family Disputes
- Section 113(1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Family Disputes
- Section 114(1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Family Disputes
- § 231 sec. 1 no. 3 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Family Disputes
- §§ 232 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on Jurisdiction
Appeal pursuant to §§ 58 et seq. FamFG against the family court decision within one month by a lawyer
The text was automatically translated based on the German content.
Lower Saxony Ministry of Justice
Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)