Geltendmachung von Unterhaltsansprüchen Beratung und Unterstützung
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
www.gesetze-im-internet.de/sgb_8/__18.html
§§ 1712 ff. German Civil Code (BGB)
www.gesetze-im-internet.de/bgb/__1712.html
Are you a single parent and are you not getting enough money or no money from the other parent for your child? Then you can get advice and support from the youth welfare office.
Parents are obliged to provide for their children. If you raise your child alone, the other parent must pay maintenance. As a mother, you are entitled to maintenance while on maternity leave, and as a father, you are entitled to maintenance immediately after the birth of the child. If the other parent does not fulfill their obligation, you can seek legal advice and further support.
You will discuss which measures need to be taken in a personal meeting with the responsible authority. The responsible authority will then help you to draft letters, determine the amount of maintenance payments or initiate a seizure if necessary.
You can also set up a guardianship for your child. A guardianship is a special form of legal representation for children and young people. The responsible body can then legally represent your child in the relevant proceedings and thus relieve you of some of the burden. The guardianship can, for example,
- request the father to acknowledge paternity and to obtain the necessary documents,
- arrange for the judicial clarification of paternity,
- calculate your child’s maintenance claim,
- regularly review the maintenance claim,
- draw up a document on maintenance,
- enforce the maintenance claim in court,
- collect and monitor maintenance payments,
- determine the residence and employer of the parent liable to pay maintenance and
- Initiate enforcement measures.
You can apply for guardianship before the child is born if you are not married and have not made any joint custody declarations. After the birth, you can apply for guardianship at any time until the child is of legal age. This does not restrict your custody rights.
You can end the guardianship at any time by submitting a written declaration. It ends automatically when your child reaches the age of majority. The child can then seek advice and support from the responsible authority until their 21st birthday.
- Identity card of the applicant
- if applicable, bank account details
- Child’s birth certificate
Any other documents that may already exist can be helpful. For example:
- legal letters
- Court decisions on maintenance
- if applicable, the divorce decree
- Birth certificate
- Payroll
- Parents receive advice until their child reaches the age of 18.
- Children receive counseling between the ages of 18 and 21.
- The advisory and support services are offered independently by the responsible authorities. It is usually advisable to contact them by telephone before a visit.
- A guardianship is established by submitting a written application. This application is informal and can be written by yourself or submitted to the responsible local authority.
- Parents are obliged to support their children.
- Single mothers are entitled to maintenance while on maternity leave, and fathers are entitled to maintenance immediately after the birth.
- If the other parent fails to pay maintenance: Legal advice and further support is available.
- Possibility of guardianship for the child: legal representation in legal matters. Possible tasks of the guardianship:
- Recognition of paternity, judicial clarification of paternity,
- Calculate and enforce maintenance claims, collect and monitor them,
- Determine the residence and employer of the parent obliged to pay maintenance,
- Initiate enforcement measures.
- Guardianship can be applied for before or after birth, lasts until the child reaches the age of majority, but can be terminated at any time by written declaration
- When the child comes of age, he or she can continue to receive advice and support from the relevant authority until his or her 21st birthday.