Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for child support under the simplified procedure

Description

Maintenance for a minor child of separated parents – married or unmarried – can be claimed by the maintenance debtor from the family court in a regular (disputed) or simplified maintenance procedure. The simplified procedure must be requested using a form. It can lead to an enforceable title (maintenance order) faster and more cost-effectively than a disputed maintenance procedure.

You can seek advice from employees in the Youth Welfare Office or a lawyer as to whether this form of procedure is suitable in your case.

Prerequisites

The conditions for the simplified procedure for determining maintenance are:

It is maintenance
- for a minor child, or
- for an adult child for the previous period of minority.
No court has already ruled on the maintenance claim or no judicial maintenance proceedings have yet been initiated before the court.
There is still no enforceable maintenance title (e.B. a youth welfare office certificate).
The required maintenance for the child is not higher than 1.2 times the minimum maintenance.

You are entitled to assert the maintenance claim as

custodial parent with whom the minor child lives, or
Person or entity that legally represents the child.

Required documents

for the applicant:

The form "Application for determination of maintenance according to § 249 FamFG (Simplified Procedure)" - available from the Youth Welfare Office or from any district court
A declaration on the income and financial circumstances of the child and the parents (if known)
Any evidence and supporting documents about the income situation

for the defendant:

Objection form -
available at the district court
Appropriate evidence and supporting documents

Fees (costs)

Legal expenses
If applicable, lawyer's fees
both depend on the amount in dispute

Deadlines

Only maintenance for or from the period of minority of the child can be determined; Maintenance for the past can only be demanded under certain conditions.

Processing time

usually about two months, depending on the individual case

Responsible body

Contact the family court.

Applications / Forms

- Application for determination of maintenance according to § 249 FamFG (Simplified procedure)
- Objection form

Procedure

You must submit the application via the application form, which can be obtained from the Youth Welfare Office or the District Court. The form is also available for download.

You submit the application as an authorized person
- either in their own name for the child
  - if you are married to the other parent and you live separately, or
  - a matrimonial matter is pending between you.
- or on behalf of the child as his or her legal representative.
You submit the completed and signed application with the necessary evidence to your competent family court at the district court.
The court shall inform the defendant in writing that the determination of a maintenance payment for the child has been requested.
The person liable for maintenance is given the opportunity to raise objections within one month:
- The law provides only under strict conditions that objections of the defendant are taken into account in the simplified maintenance procedure.
For clarification, the defendant must disclose his or her income and financial circumstances:
- attaches appropriate supporting documents.
- explains to what extent he or she is willing to pay maintenance.
The court will inform you of any objections and the information provided.
If the defendant declares his or her willingness to pay maintenance in whole or in part or raises no or only inadmissible objections, the court shall determine the maintenance accordingly by order.
Note: Otherwise, the simplified procedure has failed and will be transferred to the disputed procedure upon request.