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Source: BUS Sachsen-Anhalt (Linie6PLus)

Enforce maintenance claims from abroad in court

Description

As a parent authorised to represent your child, you can submit a maintenance request to the Federal Office of Justice via the Central Authority of the Contracting State in which you and your child reside via the Central Authority responsible for you in your State of residence. If the request is complete, the latter shall take all appropriate steps to enforce the maintenance claim. Pursuant to Paragraph 5(5) of the AUG, the Federal Office of Justice is deemed to be authorised to act out of court or in court on behalf of the person entitled to maintenance in the event of incoming requests.

This essentially includes checking the whereabouts of the person liable for maintenance and his or her economic capacity. Depending on the case, a foreign title is declared enforceable in Germany or a maintenance title is obtained for the first time. If paternity has not yet been clarified, a paternity determination procedure is carried out beforehand. As far as possible, a voluntary payment of maintenance is encouraged. If no payments are made, enforcement is initiated.

There are international conventions designed to simplify international maintenance matters. Which Convention applies depends on the country in which you and your child have your habitual residence.

The Central Authority of the requesting State shall assist you to ensure that the application contains all the documents and information necessary to its examination to the knowledge of that authority.

  • The Central Authority then transmits the application documents and any necessary translations to the Central Authority in Germany, the Federal Office of Justice.
  • If the request is complete, the Federal Office of Justice shall take all appropriate steps to enforce the maintenance claim.
  • Pursuant to Paragraph 5(5) of the AUG, the Federal Office of Justice is deemed to be authorised to act out of court or in court on behalf of the person entitled to maintenance in the event of incoming requests.
  • This essentially includes checking the whereabouts of the person liable for maintenance and his or her economic capacity.
  • Depending on the case, a foreign title is declared enforceable in Germany or a maintenance title is obtained for the first time.
  • If paternity has not yet been clarified, a paternity determination procedure is carried out beforehand.
  • As far as possible, a voluntary payment of maintenance is encouraged.
  • If no payments are made, enforcement is initiated.
  • Depending on the international agreement, German courts may grant free legal aid for all applications made by a beneficiary in relation to maintenance obligations arising from a parent-child relationship against a person who has not yet reached the age of 21.

Please contact the Federal Office of Justice.

  • The parent claiming maintenance for the child is abroad.
  • The application for child support may be made by the parent who has parental authority.
  • The application can also be made before the birth of the child.
  • The child must be a minor.
  • Identity card of the applicant
  • Birth certificate of the child
  • All documents from which the maintenance obligation of the efficient person arises

In principle, the foreign central authorities and the Federal Office of Justice work free of charge for applicants.

A possible Hiring a lawyer or other associations, on the other hand, entails costs to be borne by the applicants. In the event of defeat in the proceedings, however, the costs incurred by the opponent must be reimbursed by the opposing lawyer (§ 20 AUG in conjunction with V.m§ 123 ZPO).

There may be costs for the translation of documents, but there are no costs to government agencies.

The child must still be a minor.

The question of processing time can only be answered in a very general way. It depends on the procedure in the respective countries, including any necessary legal proceedings. There is no uniformity here; in addition, special features may arise from the individual case. A longer processing time is to be expected, especially if the German authority has to carry out all investigations into the residence and subsequently a court procedure for the titulation of maintenance. Applicants can contribute to a speedy processing by means of complete application documents. Nevertheless, the processing time remains case-related and also depends on the cooperation behavior of the person liable for maintenance.

Appeal according to §§ 58 ff. FamFG against the family court decision within one month

The text was automatically translated based on the German content.

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

No authority found