Apply for child support determination in contested proceedings

Prerequisites

• 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.

and

• You wish to have child support determined for a minor child and
• You have custody and the child lives with you or
• They are appointed to legally represent the child.

or

• You wish to have maintenance payments determined for yourself, for the period of your minority.

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

Additional documents may be required. Your lawyer will explain in more detail which documents are needed in your specific case. If you do not have the documents mentioned above, your lawyer will obtain them for you.

Please note

You cannot receive legal advice at the local court. Please contact individuals authorized to provide legal advice, such as a lawyer or a 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

Maintenance payments can generally only be claimed for the future. Claims for past payments are only possible in certain exceptional cases.




If the court is to decide on maintenance together with the divorce proceedings, your application must be submitted no later than 2 weeks before the date of the divorce hearing.

Procedure

• In order for maintenance payments to be calculated correctly, you must provide information about the income and assets of the person liable for maintenance.
  • If you do not have this information, you can first 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.
  • You cannot submit the 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 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


Sections 231 et seq. of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


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


Law on the Enforcement of Maintenance Claims in Transactions with Foreign States (AUG)


https://www.gesetze-im-internet.de/aug_2011/BJNR089810011.html


Section 51 of the Law on Court Costs in Family Matters (FamGKG)


https://www.gesetze-im-internet.de/famgkg/__51.html