Apply for child support determination in simplified court proceedings

Prerequisites

• You wish to have child support payments determined for a minor child.
• You have custody and the child lives with you or
• They are appointed to legally represent the child.
• So far, no legal proceedings regarding child support have been initiated, and no court decision has been made.
• There is no enforceable maintenance order yet, for example, a youth welfare office certificate.

Documents required

For the applicant:

• The form "Application for the determination of maintenance pursuant to Section 249 FamFG (Simplified Procedure)"
  • Available from the youth welfare office or any local court
• A statement regarding the income and assets of the child and the parents (as far as known)
• Evidence and documentation regarding income levels

For the respondent:

• If applicable: Objection form (available at the local court)
• appropriate evidence and documentation for the objections

Please note

Deadlines

The court can usually only set maintenance payments for the period of your child's minority.

Procedure

• They submit the prescribed application form together with the required documents to the competent family court at the local court.
  • You can obtain the form from the youth welfare office or the local court. You can also download and print it yourself. See the "Links" section for more information.
• The court will inform the respondent in writing about your application.
• The court gives the respondent the opportunity to raise objections.
• The court requests the respondent to disclose his or her income and assets and to explain to what extent he or she is prepared to pay maintenance.
• The court will inform you about any objections and the information provided.
• If the respondent is willing to pay maintenance in whole or in part, or raises no objections or only inadmissible objections, the court shall determine the maintenance amount by written order.

If the respondent is unwilling to pay maintenance or raises valid objections, the simplified procedure cannot be carried out. In this case, you can request that the case be transferred to a contested proceeding, in which the court will decide on the maintenance after examining all arguments.

Processing time

Processing usually takes 3 months. Depending on the circumstances of the individual case, processing may take longer.

Fees

Court fees and legal fees will apply. Both depend on the amount in dispute. The actual costs vary considerably depending on the size of your claim and the course of the proceedings. You may be eligible for financial assistance in the form of legal aid.

Legal remedies

Complaint

Legal basis

Sections 1601 et seq. of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1601.html


Section 111 No. 8 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__111.html


Section 112 No. 1 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__112.html


Section 113 Paragraph 1 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__113.html


Section 114 Paragraph 1 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__114.html


Sections 249 et seq. of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__249.html