Receive advice and assistance in asserting maintenance claims
Parents are obliged to support their children. If a parent does not live with their child in the same household, they are obliged to pay maintenance in cash. However, this parent does not always do this. There can be various reasons for this. For those...
Parents are obliged to support their children. If a parent does not live with their child in the same household, they are obliged to pay maintenance in cash. 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 single parent and offer further support. In this way, letters to the other parent can be formulated and, if the financial circumstances of the other parent are known, the amount of the maintenance payments can be determined. If the latter is the case, a title can be created with which the maintenance can be enforced.
However, the means are always individual and can be discussed in a personal conversation.
If the single parent so wishes, a guardianship can be set up. The youth welfare office can then, on behalf of the child, independently approach the parent who is liable to pay.
For example, it can calculate the amount of alimony, request payments from the parent, check receipt of payments, file an application for alimony with the family court if necessary, and have alimony attached.
Even if a deputyship is set up, there is no guarantee that maintenance payments can actually be received.
A deputyship ends automatically when the child comes of age.
Young adults up to their 21st birthday can receive advice on maintenance issues from the youth welfare office. They too can be offered support in suitable cases.
Under certain circumstances, the mother of a child has her own maintenance claim against the father. The Youth Welfare Office can advise the mother of a child on her own maintenance claims and support her in appropriate cases. If the father is caring for the child, he may, under certain circumstances, be entitled to maintenance from the mother. In this case, too, the youth welfare office can offer advice and, in appropriate cases, support.
Important notes
Prerequisites
- Parents receive advice until their child reaches the age of 18.
- Children receive counseling between the ages of 18 and 21.
Documents required
Bring along:
- Applicant's identity card
- possibly account details
- child's birth certificate
All documents that may already exist can be helpful. For example:
- legal letter
- alimony court decisions
- if applicable, the divorce decree
- the birth certificate(s) of the child(ren).
- payslips
Deadlines
No
Procedure & Fees
Procedure
- The counseling and support services are offered independently by the youth welfare offices. Office hours vary depending on the youth welfare office.
- A deputyship is established by means of a written application. This application is informal and can be written by yourself or submitted to the local youth welfare office.
- Before visiting the youth welfare office, it is usually advisable to contact them by telephone.
Processing time
depending on the individual case
Fees
No
In individual cases, costs may arise as a result of court proceedings conducted as part of a deputyship.
Legal notes
Legal remedies
No
Legal basis
Advice and support for child maintenance (§ 18 Para. 1 No. 1 SGB VIII)
https://www.gesetze-im-internet.de/sgb_8/__18.html
Assistance (§§ 1712 ff. BGB)
https://www.gesetze-im-internet.de/bgb/__1712.html
Advice and support for young adults (§ 18 Para. 4 SGB VIII)
https://dejure.org/gesetze/SGB_VIII/18.html
Advice and support during maternity leave (§ 18 Para. 1 No. 2 SGB VIII)
https://dejure.org/gesetze/SGB_VIII/18.html