Leistungen A-Z

None

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.

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.

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.

• 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.

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

• The local court - family court responsible for you (Sections 23a (1) sentence 1, 23b (1) GVG, Section 232 (3) no. 1 FamFG)
• The lawyer commissioned by you will determine the local court - family court responsible for you in accordance with Section 232 (3) No. 1 FamFG.

Please contact a lawyer.

• § Section 1615l (1) of the German Civil Code (BGB)
• § Section 111 No. 8 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
• § Section 112 No. 1 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
• § Section 113 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
• § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
• § Section 231 (1) no. 3 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
• §§ Sections 232 et seq. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) on jurisdiction

• The maintenance guidelines of the higher regional courts, e.g.
• For information on maintenance and birth, see

Senator for Justice and Constitution of the Free Hanseatic City of Bremen