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Assertion of child maintenance in faster, simpler court proceedings
For a minor child of separated parents, reasonable maintenance may be demanded from the party liable to pay maintenance.
Your responsible authority
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Forms
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- Application for the determination of maintenance in accordance with § 249 FamFG (Simplified Procedure)
- Objection form
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Detailed description
Maintenance for a minor child of separated - married or unmarried - parents can be claimed by the maintenance obligor at the family court in a regular (contentious) or also in a simplified maintenance procedure. The simplified procedure must be applied for using a form. It can lead to an enforcement order (maintenance determination order) faster and more cost-effectively than contentious maintenance proceedings.
You can ask staff at the Youth Welfare Office or a lawyer for advice on whether this form of procedure is suitable in your case.
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Requirements
The requirements for the simplified procedure for the determination of maintenance are:
- Maintenance is to be paid
- for a minor child or
- for an adult child for the past period of minority.
- No court has already ruled on the child support claim or no legal child support proceedings have yet been initiated in the court.
- There is not yet an enforceable child support order (for example, a Jugendamtsurkunde).
- The requested maintenance for the child is not higher than 1.2 times the minimum maintenance.
You are entitled to assert the claim for maintenance as the
- custodial parent with whom the minor child lives, or
- the person or body legally representing the child.
- Maintenance is to be paid
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Documents
for the applicant/applicant:
- The form "Antrag auf Festsetzung von Unterhalt nach § 249 FamFG (Vereinfachtes Verfahren)" - available at the youth welfare office or at any local court.
- A statement on the income and financial circumstances of the child and the parents (if known)
- Any proof and evidence of the income situation
for the respondent:
- Objection form -
available from the local court - relevant evidence and supporting documents
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Fees
- Court costs
- if applicable, lawyer's fees
- both depend on the value in dispute
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Process
You must submit the application using the application form, which can be obtained from the youth welfare office or the local court. The form is also available for download.
- You make the application as the entitled person
- either in your own name for the child
- if you are married to the other parent and you live separately or
- a matrimonial case is pending between you.
- or in the name of the child as its legal representative.
- either in your own name for the child
- You submit the completed and signed application, together with the necessary supporting documents, to your competent family court at the local court.
- The court will notify the respondent in writing that a child support order has been filed.
- The person liable for maintenance is given the opportunity to raise objections within one month:
- The law only provides for objections by the defendant to be considered in simplified maintenance proceedings under narrow circumstances.
- For clarification purposes, the defendant must disclose his or her income and financial circumstances:
- encloses relevant supporting documents.
- states the extent to which he or she is prepared to pay maintenance.
- The court will inform you of any objections and the information provided.
- If the defendant agrees to pay maintenance in whole or in part, or raises no objections or only inadmissible objections, the court will make an order fixing the maintenance accordingly.
- Note: Otherwise, the simplified procedure fails and, on application, is transferred to the contentious procedure.
- You make the application as the entitled person
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Duration
- usually about two months, depending on the individual case
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Deadline
Maintenance can only be assessed for or from the time the child is a minor; maintenance for the past can only be claimed under certain conditions.
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Responsible authority
Local court
Youth welfare office in the case of guardianship
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Legal basis
- §§ 1601 ff. 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
- §§ 249 ff. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- More information
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Approved
Senator for Justice and Constitution of the Free Hanseatic City of Bremen
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Approved date
29.09.2020