Separation maintenance fixing
Performance specification
If you cannot agree on an appropriate amount of maintenance with your spouse or partner who is separating, you can assert your claim for separation maintenance in court. The course of such court proceedings is essentially based on the rules applicable to civil proceedings.
The separation maintenance claim is measured according to the recognised principles of maintenance calculation, which fill in the undefined legal terms of maintenance law. Please consult a lawyer for the details.
You can also find further information in the maintenance guidelines of the Higher Regional Courts.
Special information for - District of Waldeck-FrankenbergNote: When claiming child maintenance (for minor children and adult children under 21 years of age) and maintenance from mother and father on the occasion of the birth of a joint child, the Youth Welfare Office offers counselling and support according to the Eighth Social Code (SGB VIII).
In addition, the Eighth Book of the Social Code (SGB VIII) provides for the possibility of having the maintenance claims of children under 21 years of age and of mother and father on the occasion of the birth of a joint child certified at the Youth Welfare Office.
Which documents are required?
- Proof of income, assets and personal and economic circumstances
What are the fees?
- Court costs
- Legal fees
- Both depend on the amount in dispute
Legal basis
- § Section 1361 of the German Civil Code (BGB)
- § Section 111 No. 8 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 113 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- § Section 114 (1) Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- § Section 231 (1) no. 3 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
- § Section 269 (1) no. 9 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Civil Partnership Matters
- § Section 270 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Civil Partnership Matters
- § Section 232 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)