Child support
Performance specification
Maintenance refers to the expenses required for the living needs of a person. The cases in which maintenance is to be paid and who is obliged to pay maintenance are determined by the maintenance regulations in the German Civil Code (BGB). Essentially, a distinction is made between child maintenance, spousal or civil partnership maintenance, maintenance between unmarried persons, but also parental and relative maintenance. The obligation to pay maintenance is linked to different preconditions. The legislator does not prescribe fixed rates. However, the so-called Düsseldorfer Tabelle and the maintenance guidelines of the respective higher regional courts provide guidance.
Tip: Maintenance guidelines for determining child and spousal maintenance as well as the Düsseldorf Table, which is used to determine maintenance for minors and adult children living in the parental household, can be found on the websites of the Higher Regional Court of Düsseldorf and the Higher Regional Court of Frankfurt am Main ("Unterhaltsrechtliche Leitlinien des Oberlandesgerichts Frankfurt am Main").
In any case, you should seek advice from a lawyer before filing an application. The details of maintenance law are complex, so expert advice is highly recommended. In maintenance proceedings before the family court, you must be represented by a lawyer.Note: When claiming child maintenance (for minor children and adult children under 21 years of age), maintenance between parents who are not married to each other, the Youth Welfare Office offers counselling and support according to the Eighth Book of the Social Code (SGB VIII).
According to the Eighth Book of the Social Code (SGB VIII), it is also possible to have the maintenance claims of children under 21 years of age and maintenance claims of parents who are not married to each other certified at the Youth Welfare Office.
Which documents are required?
In the context of court proceedings, evidence of income and assets is required in particular.
What are the fees?
Depending on the amount in dispute set by the court, court and lawyer fees will be incurred.
The counselling services of the Youth Welfare Office are free of charge.
Certifications at the Youth Welfare Office are usually free of charge.
Legal basis
§§ Sections 1569 et seq. of the German Civil Code (BGB) (maintenance of the divorced spouse)
§§ 1601 ff. German Civil Code (BGB) - Maintenance obligation
§ 1361 et seq. of the German Civil Code (BGB) (maintenance in case of separation)
Civil Partnership Act (LPartG) - form and requirement
§ Section 18 Social Code (SGB) - Book Eight (VIII) (counselling and support in personal care, maintenance and contact)
§ 52a Social Code (SGB) - Eighth Book (VIII) (counselling and support in establishing paternity and asserting maintenance claims)
§ 59 Social Code (SGB) - Eighth Book (VIII) (certification by the certifying officer at the youth welfare office)