Apply for a determination of child support

Are you unable to work due to pregnancy or childcare responsibilities? Find out here how you can apply for child support from the other parent.

Detailed description

If you are unable to work due to pregnancy or childcare responsibilities, you may be entitled to financial support from the other parent under certain conditions.



During the six weeks before and the first eight weeks after the birth, you as the mother are entitled to special maintenance payments from the father of your child. This period is linked to maternity leave.



Furthermore, you are entitled to child support for the period during which you are caring for your child and therefore unable to work. This support can be paid for up to three years after the birth and depends on who actually cares for the child. In this case, both you as the mother and you as the father can receive support from the other parent. The decisive factor for your entitlement to support from the other parent is that you are actually providing childcare and are therefore unable to work, or can only work to a limited extent.



There is no fixed amount for child support. The amount depends on your individual circumstances. If you are unable to reach an agreement with the other parent regarding the amount, you can enforce your claim to support through legal action with the assistance of a lawyer.

 

Information

Prerequisites

Maintenance payments for mothers 6 weeks before and 8 weeks after childbirth:

  • You are not married to the father of your child.
  • The father of your child has acknowledged paternity or paternity has been legally established.
  • You may not be able to work full-time due to pregnancy, caring for or raising your child.
  • The father of your child is financially able to pay you child support.

Maintenance payments for mothers and fathers until their child's 3rd birthday:

  • They primarily care for their child alone and are therefore unable to pursue gainful employment.
  • They cannot support themselves from their own financial resources.
  • The other parent is financially able to pay you child support.

Documents required

  • Documentation of the other parent's income and assets
  • Proof of out-of-court demand for maintenance payments, including further correspondence
  • If applicable: Proof of paternity acknowledgment or determination

Several documents must be attached to a maintenance claim. Your lawyer will explain in detail which documents are required in your specific case. If you do not have the aforementioned documents, your lawyer will obtain them for you.

Please note

The local court does not provide legal advice. Please contact a qualified professional, such as a lawyer or notary public.


If you have limited financial resources, you can obtain advice from the Public Legal Information Office (ÖRA). In matters of child support, you can also receive advice from staff at the Youth Welfare Office.

Deadlines

You can receive child support payments from four months before the birth until three years after your child's birth. In special cases, your entitlement may last longer. Claim your child support in a timely manner; retroactive claims can only be enforced under certain conditions.

Procedure

  • In order to calculate maintenance payments accurately, information about the income and assets of the person obligated to pay maintenance is required. If you do not have this information, you can request it yourself in writing, ideally by registered mail.
    • A lawyer can advise you on the most appropriate course of action in your specific situation.
  • You appoint a lawyer to represent you.
  • Your lawyer will explain the specific procedure to you and take the necessary steps for you.
  • Your lawyer will submit an application to the competent family court at the local court.
    • It is not possible to submit an application without legal representation.
  • The court gives the respondent the opportunity to raise objections to the application.
  • The court requests the respondent to provide information about their income and assets and to state the extent to which maintenance can or should be paid.
  • The court will inform you about the objections raised and the information provided.
  • Based on this, the family court determines the amount of maintenance to be paid.

Processing time

Processing typically takes at least 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

Section 1361 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1361.html


Section 1578 of the German Civil Code (BGB)


www.gesetze-im-internet.de/bgb/__1578.html


Section 1603 of the German Civil Code (BGB)


www.gesetze-im-internet.de/bgb/__1603.html


Section 1609 of the German Civil Code (BGB)


www.gesetze-im-internet.de/bgb/__1609.html


Section 18 of the Social Code, Book Eight (SGB VIII)


https://www.gesetze-im-internet.de/sgb_8/__18.html


Sections 111-114 of the Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction (FamFG)


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


Sections 231-232 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__231.html

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Keywords: money from the child's father maintenance from the child's father Money for Child from Father money for child care

Last updated: 14.07.2026