Receive advice, support and assistance in the assertion of maintenance claims
Parents are obliged to provide maintenance for their children. If a parent does not live with his child in a household, he or she is obliged to provide maintenance through monetary payments. However, this parent does not always do this. There can be various reasons for this. For those affected, the question arises as to how they can proceed here.
A child has a legal right to maintenance. The Youth Welfare Office can provide legal advice to a parent who is actually caring for a child. and, where appropriate, provide further assistance. In this way, sometimes simple letters to the other parent can be designed. If the economic circumstances of the paying parent are known, it can be determined which maintenance claim appears realistic.
However, the funds are always individual and can be discussed in a personal conversation. #
If the sole parent so wishes, a conservatorship can be set up. The Youth Welfare Office can then, on behalf of the child, independently approach the paying parent.
It can, for example,
- calculate the amount of maintenance,
- ask the parent to pay,
- check the receipt of payments,
- if necessary, file a lawsuit, and
- have arrears of maintenance attached.
Even if a conservatorship is established, it cannot be guaranteed that maintenance payments can actually be collected.
A conservatorship ends automatically when the child reaches the age of majority.
Young adults can be advised by the Youth Welfare Office on maintenance issues up to their 21st birthday. They may also be offered support in appropriate cases.
In the case of persons of legal age, not the parents, but only the children are advised by the Youth Welfare Office.
The mother of a child has her own maintenance claim against the father during maternity leave. The Youth Welfare Office can advise the mother of a child for her own maintenance claims in the period six weeks before and eight weeks after the birth of the child and support them in appropriate cases.
If the mother is unable to work because she is unable to do so due to pregnancy or an illness caused by pregnancy or childbirth, she herself has a maintenance claim against the father. This also applies if the mother cannot be expected to work because she takes over the care and upbringing of the child. In these cases, too, the Youth Welfare Office can offer advice and support.
If the father cares for the child immediately after birth, he has a maintenance claim against the mother. In this case, too, the Youth Welfare Office can offer advice and, in appropriate cases, support.
Who should I contact?
Responsible for advice and support in maintenance matters as well as the management of a conservatorship is the locally responsible youth welfare office.
Responsible authorities
Landkreis Emsland - Fachbereich Jugend
Contact
- Dörpen:
- Emsbüren:
- Emsland:
- Freren:
- Geeste:
- Haren (Ems):
- Haselünne:
- Herzlake:
- Lathen:
- Lengerich:
- Meppen:
- Nordhümmling:
- Papenburg:
- Rhede (Ems):
- Salzbergen:
- Spelle:
- Sögel:
- Twist:
- Werlte:
- Dörpen:
- Emsbüren:
- Emsland:
- Freren:
- Geeste:
- Haren (Ems):
- Haselünne:
- Herzlake:
- Lathen:
- Lengerich:
- Meppen:
- Nordhümmling:
- Papenburg:
- Rhede (Ems):
- Salzbergen:
- Spelle:
- Sögel:
- Twist:
- Werlte:
Requirements
There are no special requirements for authorised persons.
Income or assets have no influence on the right to advice or the establishment of a conservatorship.
Applications / forms
None
Which documents are required?
All documents that may already exist may be helpful.
This can, for example,
- letters from lawyers,
- court decisions on maintenance,
- if applicable, the divorce decree and
- the birth certificate(s) of the child(s)
be.
What is necessary in individual cases will be clarified in a personal conversation. A telephone conversation before a visit to the Youth Welfare Office can be helpful here.
What are the fees?
Fee: free of chargeAdvice and support offered
Fee: free of chargeAssumption of a conservatorship. Court proceedings conducted within the framework of a conservatorship may incur costs in individual cases.
Process flow
The counselling and support services are offered by the youth welfare offices on their own responsibility. Office hours vary depending on the Youth Welfare Office.
A conservatorship is established by a written request. This application is informal and can be written by yourself or written at the local youth welfare office.
Before visiting the Youth Welfare Office, it is usually useful to contact us by telephone.
What deadlines do I have to pay attention to?
There are no deadlines to be observed. As a rule, however, the Youth Welfare Office will only be able to offer assistance for future maintenance claims.
Processing duration
The youth welfare offices are active both in the field of advice and support as well as in the management of a conservatorship in the field of "private law".
Individual factors play a significant role here.
When the first steps can be taken and what success they have depends strongly on the individual case. A guarantee that the desired result will be achieved cannot be given.
For the aforementioned reasons, it is not possible to estimate a processing time.
Appeal
In case of dissatisfaction with the advice and support offered by the Youth Welfare Office, a complaint can be made to the respective municipality (city or district) to which the Youth Welfare Office belongs.
In case of dissatisfaction with the leadership of the conservatorship, it can be terminated with an informal written request.
Author
The text was automatically translated based on the German content.
