Geltendmachung des Unterhaltsanspruchs der Mutter eines nichtehelich geborenen Kindes

As a non-married mother, you can claim maintenance from the child's father on the occasion of the birth of the joint child.

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.

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.

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.

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

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.

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

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

Appeal pursuant to §§ 58 et seq. FamFG against the decision of the family court within one month by a lawyer.

• Maintenance claim on the occasion of birth fixing
• This maintenance can only be claimed by the mother who is not married to the father.
• Attorney Compulsion
• Prerequisites:
  • No marriage with child's father
  • Paternity established or acknowledged
  • Child's mother needy, because she is not fully employed due to pregnancy, care or education of the child.
  • father of child able to pay
• responsible: Local court - family court

• Please contact a lawyer.

• The local court - family court responsible for you (Sections 23a (1) sentence 1, 23b (1) GVG)
• The local court - family court - responsible for you in accordance with § 232 Para. 3 No. 1 FamFG will be determined by your social services office or the lawyer you have appointed.

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