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Source: BUS Sachsen-Anhalt (Linie6PLus)

Claiming maintenance for children born out of wedlock

Description

If you, as the mother of the child, cannot agree with the legal father of the child on an appropriate amount of maintenance, you can assert a claim for maintenance on the occasion of the birth in court. The course of such court proceedings is essentially governed by the rules applicable to civil proceedings.

If you, as the mother of the child, cannot be expected to work because of the care or upbringing of the child, you are also entitled to a claim for care maintenance for the period of at least 4 months before the birth and at least 3 years after the birth, or longer if necessary, in addition to the existing claim for maintenance for the period of 6 weeks before and 8 weeks after the birth. Such a claim to care maintenance may also be due to the father against the mother if he looks after the child.

Theamount of maintenance is calculated according to the recognised principles of maintenance calculation, which fill in the undefined legal terms of maintenance law. For details, please contact the legal advice professions.

Further information can also be found in the maintenance guidelines of the Higher Regional Courts.

As the unmarried mother of a child, you can claim maintenance for the period of 6 weeks before and 8 weeks after the birth of the child, as well as care maintenance over and above this, subject to the following conditions:

  • Not married to the child's father.
  • Paternity is established or acknowledged.
  • You are needy because you cannot work full time due to pregnancy, care or upbringing of the child.
  • The father of the child is capable of paying.

Proof of income, assets and personal and economic circumstances. Important are also Court orders, settlements or documents concerning maintenance and the acknowledgement or establishment of paternity.

  • Court costs
  • Attorney's fees
  • both depend on the value in dispute

In principle, maintenance can only be claimed for the future. For the past only under certain conditions.

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case

Contact the family court.

An application for the enforcement of maintenance on the occasion of the birth can only be filed by a lawyer.

  • The further course of the court proceedings is essentially governed by the provisions on civil proceedings.
  • The court may order the parties to provide information on their income, assets and personal and economic circumstances. If the parties do not comply with this order, the court may independently obtain information, e.g. from employers or insurance companies.

Senator for Justice and Constitution of the Free Hanseatic City of Bremen

The text was automatically translated based on the German content.

Authority
Amtsgericht Halle (Saale)
Thüringer Straße 16
06112 Halle (Saale), Stadt
06095 Halle (Saale), Stadt
0345 2200
0345 2205030

Remark: It is not permissible to bring a legally effective action before a court, a public prosecutor's office or any other judicial authority of the state of Saxony-Anhalt by e-mail, to file applications, to lodge an appeal or to make other procedural declarations. In particular, no deadline is met! The delivery method by e-mail is therefore only suitable for non-form-bound messages. Further information on e-mail traffic and electronic legal transactions can be found under https://lsaurl.de/justizemail. The court's privacy policy can be found at https://lsaurl.de/aghaldsgvo.

General (Does not apply to counselling assistance)
Monday 09:00 - 12:00
Tuesday 09:00 -12:00 and 15:00 -17:00
Wednesday 09:00 - 12:00
Thursday 09:00 - 12:00
Friday 09:00 - 12:00

Counselling assistance (only on the following days!)
Tuesday 09:00 - 12:00 and 14:00 - 17:00

Paying agent / court cashier
Monday 08:30 - 12:15 and 13:30 - 15:30
Tuesday 08:30 - 12:15 and 13:30 - 17:00
Wednesday 08:30 - 12:15 and 13:30 - 15:30
Thursday 08:30 - 12:15 and 13:30 - 15:30
Friday 08:30 - 12:00

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