Kindesunterhalt Festsetzung im vereinfachten Verfahren

§§ 1601 ff. German Civil Code (BGB)
Section 111 No. 8 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
Section 112 No. 1 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
Section 113 para. 1 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
Section 114 para. 1 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
§§ 249 ff. Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

For a minor child of separated parents, appropriate maintenance can be demanded from the parent obliged to pay maintenance.

Maintenance for a minor child of separated parents - married or unmarried - can be claimed by the parent obliged to pay maintenance at the family court in a regular (contentious) or simplified maintenance procedure. The simplified procedure must be applied for using a form. It can lead to an enforcement title (maintenance determination order) more quickly and inexpensively than a contentious maintenance procedure.

You can seek advice from staff at the youth welfare office or a lawyer as to whether this form of procedure is suitable in your case.

For the applicant:

• The form "Application for the determination of maintenance according to § 249 FamFG (simplified procedure)" - available from the youth welfare office or from any local court
• A statement about the income and assets of the child and parents (if known)
• Any evidence and documentation of income

For the respondent:

• Objection form
  available at the district court
• relevant evidence and documentation

The requirements for the simplified procedure for determining maintenance payments are:

• It is about maintenance
  • for a minor child or
  • for an adult child for the previous period of minority.
• No court has yet ruled on the maintenance claim or legal maintenance proceedings have been initiated before the court.
• There is still no enforceable maintenance title, for example a youth welfare office certificate.
• The maintenance required for the child is not higher than 1.2 times the minimum maintenance.

• Court costs
• if applicable, legal fees
• both depend on the value in dispute

You must submit the application using the application form, which is available from the youth welfare office or the district court. The form is also available for download.

• You submit the application as an authorized person
  • either in your own name for the child
    • if you are married to the other parent and you live separately or
    • a matrimonial matter is pending between you.
  • or on behalf of the child as his or her legal representative.
• Submit the completed and signed application along with the necessary supporting documents to your local family court.
• The court shall inform the respondent in writing that an application has been made to determine maintenance payments for the child.
• The person obliged to pay maintenance has the opportunity to raise objections within one month:
  • The law only provides under strict conditions that objections by the respondent will be taken into account in simplified maintenance proceedings.
• To clarify the matter, the respondent must disclose his or her income and assets:
  • attaches relevant evidence.
  • explains to what extent he or she is willing to pay maintenance.
• The court will inform you of any objections and the information provided.
• If the respondent declares his or her willingness to pay maintenance in whole or in part or raises no or only inadmissible objections, the court will determine the maintenance accordingly by order.

Note: Otherwise, the simplified procedure has failed and will be transferred to the contentious procedure upon request.

Usually three months, depending on the individual case

Maintenance payments can only be made for or from the time the child was a minor; maintenance payments for the past can only be demanded under certain conditions.

Appeal against the family court decision within one month.

• Maintenance payments for a minor child of separated parents can be enforced by the parent obliged to pay maintenance in a simple procedure, regardless of whether they are married or unmarried.
• Form application
• more cost-effective than the contentious procedure
• also leads to an enforcement title (maintenance determination order)
• The parent with custody of the minor child or the person or body that legally represents the child is entitled to apply.

Hamburg District Court