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Apply for assistance to determine maintenance claims

If a single parent is in a situation where the other parent does not pay maintenance, possibly because the other parent does not want to or is unable to do so (e.g. unemployment, death), the single parent can turn to the support service for support to find...

If a single parent is in a situation where the other parent does not pay maintenance, possibly because the other parent does not want to or is unable to do so (e.g. unemployment, death), the single parent can turn to the support service for support to find out and have the maintenance determined.
The maintenance advance money office can advance maintenance or, in some cases, replace it completely.
Even if the father does not want to acknowledge paternity, the child's mother can set up a youth welfare office to establish paternity and then demand maintenance if it is successfully established.
Parents are obliged to provide maintenance for their children. If one parent does not provide maintenance, the parent with whom the child lives can set up guardianship.
The guardianship can determine the maintenance claim and possibly certify it.
The amount of maintenance depends on your income and assets. Once it is clear how much maintenance is to be paid, this maintenance obligation should be stipulated.
The confirmation takes place in the form of a special document by the notary at the youth welfare office. This special document is called a maintenance title. If maintenance is not paid, enforcement can be applied for immediately at the responsible district court based on the maintenance title.
Assistance can be provided by speaking to the youth welfare office or informally in writing. Such an application can be submitted before the child is born.
Either if the father still has to be identified or it is already foreseeable that no maintenance will be paid. All you need is the applicant parent's ID card or passport. You should also bring along any other documents that may already be available in the maintenance matter (debt documents, correspondence from a lawyer, etc.). If the other parent does not pay any maintenance or does not pay sufficient maintenance, your child will be granted a maintenance advance in accordance with the Maintenance Advances Act (UVG). An application for a maintenance advance can be submitted to the youth welfare office.
This is how much money you can currently get (as of January 2022): This money will be immediately reclaimed from the defaulting parent by the maintenance advance money office. An important prerequisite for the payment of advance maintenance payments is that your child lives with you and is younger than 18 years old.
For children after the age of 12, an additional requirement is that they themselves are not dependent on benefits according to Book II of the Social Code (SGB II), or that they are no longer eligible for SGB II benefits due to the maintenance advance payment, or that the single parent is included in SGB II - Receive your own income of at least EUR 600 gross per month.
If the other parent were in a position to pay maintenance for your child, this would be an advance payment on maintenance that the maintenance advance office would get back from the parent who is actually liable for maintenance.
If the other parent is unable and therefore not obliged to pay maintenance for your child, a default benefit will be paid.
For foreign nationals who are not citizens of member states of the European Economic Area or Switzerland, eligibility must be checked on a case-by-case basis.
The application for a maintenance advance can only be submitted to the maintenance advance fund. Two different departments.



Important notes

Documents required

To establish an advisory body

  • Identity card of the applicant
  • if applicable, account details
  • Child's birth certificate
  • Furthermore, any documents that may already exist are helpful, such as letters from a lawyer, maintenance certificates, etc.)

To apply for a maintenance advance/replacement:

  • Identity card or passport of the applicant
  • Child's birth certificate
  • If available: maintenance title, court order or judgment or proof of service of the maintenance claim
  • Account details for transferring the advance/replacement payment
  • Proof of the time of separation or divorce
  • If applicable, residence permit
  • Proof of child benefit
  • If necessary, custody decision or declaration of custody
  • If necessary, acknowledgment of paternity
  • Proof of the time of separation, e.g. confirmation from the lawyer
  • If available, (reminder) letter in connection with the assertion of maintenance claims from the child
  • If necessary, evidence of income from the child's assets (interest, etc.) and the child's work (e.g. training allowance)

Deadlines

The child must still be a minor

Procedure & Fees

Processing time

Assistance:



  • After a personal meeting (approx. 30 to 60 minutes), processing usually takes place within 3 weeks. This also depends on the necessary measures.


Maintenance advance:



  • Once a complete application has been submitted, processing will take place immediately.

Fees

no

Legal notes

Legal remedies

contradiction

Legal basis

Downloads & Links

Public Service Disclaimer

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