Applying for child support

• §§ 1601 ff. German Civil Code (BGB) - Maintenance obligation
• Act on the Amendment of Maintenance Law of December 21, 2007
• §§ Sections 231 et seq. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) - Proceedings in Maintenance Matters
• §§ 249 ff. Act on the Procedure in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) - Simplified procedure for the maintenance of minors
• Act on the Assertion of Maintenance Claims in Relations with Foreign States (AUG)
• § Section 51 of the Act on Court Costs in Family Matters (FamGKG) - Maintenance matters and other family matters relating to maintenance

• Proof of the other parent's income,
  Bring a copy with you to the lawyer
• Letter of demand and registered letter with advice of delivery,
  bring to the lawyer.
• Possible (reply) letters from the other parent or their authorized representative,
  to bring with you to the lawyer.

Extrajudicial request

So that maintenance can be calculated, you should send the other parent a written request by registered letter with acknowledgement of receipt before submitting the application:

• inform you of the amount of his or her current income and assets and
• submit the relevant supporting documents, in particular the employer's payslips.

If the other parent complies with this request, the responsible youth welfare office can calculate the maintenance on the basis of the income documents. If the other parent undertakes to pay future maintenance in an enforceable deed, it is no longer necessary to apply to the court for maintenance. The parent obliged to pay maintenance can have such a deed (enforceable title) drawn up before the youth welfare office or before any notary.

Application (by a lawyer)

If the other parent does not provide information about his or her income and assets or does not voluntarily undertake to pay maintenance in an enforceable document, an application for maintenance must be made to the family court.

You can only apply for child maintenance in court through a lawyer. Your lawyer will inform you about the individual requirements for a maintenance claim.

When the proceedings are initiated, court costs and, if applicable, lawyer's fees are incurred. The amount is determined on the basis of the so-called amount in dispute (twelve times the monthly maintenance amount - but no more than the total amount claimed and amounts that were already due when the application was submitted).

In addition, there are expenses incurred by the court for service of process, interpreters, experts, etc.

If the party obliged to pay maintenance caused the court proceedings by not providing information about income and assets or not providing complete information, the costs may be imposed on them in full or in part.

Note: Find out about the possibilities of financial support from the state coffers through legal aid and legal aid. Under certain circumstances, your (divorced) spouse may also be obliged to pay an advance on legal costs.

You can obtain expert advice on all matters relating to maintenance from the youth welfare office in your town or district. In connection with ongoing divorce proceedings, you should first seek legal advice.

Filing an application

You submit the application for a court order for child maintenance to the competent local court - family court - via your legal representative.

In urgent cases, you have the option of applying to the family court for an interim order.

If you are not in a position to provide a precise figure for the maintenance claimed - for example, because the other parent has not provided you with any information on income and assets despite being requested to do so,

you can apply to the court to order the other party to provide information.

Procedure of the proceedings

The court serves the application on the other party, who is given the opportunity to respond (response to the application).

The proceedings are then conducted in accordance with the regulations for family disputes - laid down in the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG). In principle, each party is obliged to present and, if necessary, prove the facts in their favor.

The court can order both parties to provide information about their income and financial circumstances. If one party does not comply with this obligation, the court is authorized to make independent inquiries, for example with employers, the employment agency, the tax office or insurance companies.

Determination of the amount

The family court calculates child maintenance based on the income of the parties involved and the age of the child. The higher regional courts provide a current calculation basis in the maintenance guidelines, to which a maintenance table is attached.

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case

In principle, maintenance can only be claimed for the future. For the past only under certain conditions.

Application deadline for hearing in conjunction with the divorce case:
Submission no later than two weeks before the court hearing in the divorce proceedings.

Forms available: No

Informal application possible: Yes

Personal appearance necessary: No

• Further information on child maintenance can be found in the free brochure "Kindschaftsrecht" (Child Support Law) from the Federal Ministry of Justice
• Further information on guardianship can be found in the free brochure "Guardianship" published by the Federal Ministry for Families, Senior Citizens, Women and Youth.
• Further information on the maintenance advance can be found in the free brochure "The Maintenance Advance - Help for Single Parents" from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth or from your local youth welfare office.

To theFamily Court at the Local Court