Leistungen A-Z

Assistance:none

Advance on maintenance payments: none

If a single parent finds themselves in a situation where the other parent is not paying maintenance, possibly because they are unwilling or unable to do so (unemployment, death, etc.), the single parent can turn to the child support office for support and to have maintenance set. The maintenance advance payment office can advance the maintenance or, in some cases, replace it completely.

Even if the father does not want to acknowledge paternity, the child's mother can set up a guardianship from the Youth Welfare Office to establish paternity and then claim maintenance if paternity is successfully established.

Parents are obliged to pay maintenance to their children. If one parent does not pay maintenance, the parent with whom the child lives can set up a guardianship. The guardianship can determine the maintenance claim and, if necessary, certify it. The amount of maintenance depends on the income and financial circumstances.

Once the amount of maintenance to be paid has been determined, this maintenance obligation should be set out in writing. This is recorded in the form of a special document by the notary at the youth welfare office. This special document is called a maintenance order. If the maintenance is not paid, enforcement can be applied for immediately at the competent district court on the basis of the maintenance title.

An application for support can be made by visiting the youth welfare office or informally in writing. Such an application can be made even before the child is born. Either if the father has yet to be identified or it is already foreseeable that no maintenance will be paid. All that is required is the identity card or passport of the parent making the application. You should also bring along any other documents that may already be available in the maintenance matter (debt instruments, correspondence from a lawyer, etc.).

If the other parent does not pay any or sufficient maintenance, your child will be granted maintenance advance in accordance with the Maintenance Advance Act (UVG). An application for maintenance advance can be submitted to the Youth Welfare Office.

This money is immediately reclaimed from the defaulting parent by the Maintenance Advance Payment Office.

An important prerequisite for the payment of maintenance advance is that your child lives with you and is under 18 years of age.

For children after the age of 12, an additional requirement is that they are not themselves dependent on benefits under Book II of the Social Code (SGB II), or that the advance maintenance payment means that they are no longer in receipt of SGB II benefits, or that the single parent in receipt of SGB II benefits earns their own income of at least EUR 600 gross per month.

If the other parent is in a position to pay maintenance for your child, this is an advance on maintenance which the Maintenance Advance Office recovers from the parent actually liable to pay maintenance.

If the other parent is not in a position to pay maintenance for your child and is therefore not obliged to do so, a default payment is made.

For foreign nationals who are not citizens of member states of the European Economic Area or Switzerland, eligibility must be checked on a case-by-case basis.

• Child must still be a minor
• You are a single parent and your child lives with you

Additionally in the case of maintenance advance:

• The other parent is unable or unwilling to pay maintenance
• For children after the age of 12, an additional requirement is that they are not themselves dependent on benefits under Book II of the Social Code (SGB II), or that they are no longer eligible for SGB II benefits due to the advance maintenance payment, or that the single parent in receipt of SGB II benefits earns their own income of at least EUR 600 gross per month.

To set up a guardianship

• Identity card of the applicant
• Account details, if applicable
• Birth certificate of the child
• In addition, any documents that may already exist, such as a letter from a lawyer, maintenance order, etc.) are also helpful.

To apply for advance maintenance payment/replacement:

• Identity card or passport of the applicant
• Birth certificate of the child
• If available: maintenance order, court order or judgment or proof of service of the maintenance claim
• Account details for the transfer of the advance payment/replacement payment
• Proof of the date of separation or divorce
• Residence permit, if applicable

• Proof of child benefit
• If applicable, custody decision or custody declaration
• Acknowledgment of paternity, if applicable
• Proof of the date of separation, e.g. confirmation from the lawyer
• If available (reminder) letter in connection with the assertion of child maintenance claims
• If applicable, proof of income from the child's assets (interest, etc.) and the child's work (e.g. training allowance)

None

Guardianship:

• The guardianship can then be set up in person or applied for via a written, informal application.
• In most cases, it is advisable to come in person to set up a guardianship. An appointment is made for this, which usually lasts 30 to 60 minutes.

Advance maintenance payments

• The application is made using a form to which all relevant documents must be added.

The child must still be a minor.

Guardianship: Youth welfare office

Advance payment of maintenance: local youth welfare office

• Social Code (SGB) - Eighth Book (VIII) - Child and Youth Welfare
• Act to secure the maintenance of children of single mothers and fathers through advance maintenance payments or loss of maintenance payments

• Assistance: Federal Ministry for Family Affairs, Senior Citizens, Women and Youth:
• Advance maintenance payments: Federal Ministry for Family Affairs, Senior Citizens, Women and Youth:

The Senator for Social Affairs, Youth, Integration and Sport