Apply for a maintenance advance for children of single parents

Prerequisites

• The parent obligated to pay child support is not paying the child support to which you are entitled, or is only paying it incompletely.
• They are single parents (for example, also widowed).
• You and the child live together in one household. The child's primary residence is clearly in your household.
• You have your residence or habitual abode in Germany.
• They have not married a new partner.

After your child turns 12, they are only entitled to maintenance if one of the following conditions is met:

• You or your child will not receive citizen's income.
• Child support advances can prevent your child from needing assistance.
• They have a gross monthly income of at least EUR 600.00 and receive supplementary unemployment benefit II.

Documents required

• Application form

Depending on the individual case, the following may also be required:

• Your child's birth certificate
• Your identity card
• If applicable, additionally: proof of residence permit
• Registration confirmation or registration certificate
• Maintenance title (current maintenance determination, maintenance certificate, judgment, decision)
• Proof of income for:
  • Child benefit
  • possibly half-orphan's pension
  • maintenance payments, if applicable
  • If applicable, notices of approval/dismissal of benefits under the maintenance advance law from other maintenance advance offices
• If applicable: divorce decree
• If applicable: Letter from a lawyer regarding the date of separation
• If applicable: Acknowledgement or determination of paternity

Please note

Deadlines

You can receive child support payments retroactively for one month if the eligibility requirements were already met at that time. As long as these requirements are met, you will receive child support payments until your child reaches the age of majority. Payment is always made at the beginning of a calendar month. Under certain conditions, you can also apply for child support payments for the previous month.

Procedure

• You submit your application to the relevant authority and attach any necessary documents.
  • Applications submitted by email are not valid. For an application to be valid, it must be submitted in writing, bearing your original signature, to the responsible authority. Applications sent by email will be deleted.
• The responsible authority will review your application and may request missing documents or information from you.
• The responsible authority will decide on your application and inform you of the decision in writing.

Processing time

No

Fees

No

Legal remedies

Contradiction

Legal basis

Sections 1 et seq. of the Maintenance Advance Payment Act (UhVorschG)


https://www.gesetze-im-internet.de/uhvorschg/__1.html


Section 1612a paragraph 1 sentence 3 no. 1 or 2 German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1612a.html