Assertion of child maintenance in faster, simpler court proceedings

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 submit the application as the authorized person
  • either in your own name for the child
    • if you are married to the other parent and live separately or
    • a matrimonial matter is pending between you.
  • or on behalf of the child as its legal representative.
• Submit the completed and signed application with the necessary supporting documents to your local family court.
• The court will inform the defendant in writing that an application has been made to set a maintenance payment for the child.
• The debtor has 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 strict conditions.
• To clarify this, the defendant must disclose his or her income and financial circumstances:
  • encloses the relevant supporting documents.
  • declare 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 full or in part or raises no objections or only inadmissible objections, the court will set the maintenance accordingly by order.
• Note: Otherwise, the simplified procedure has failed and will be transferred to the contentious procedure upon application.

For support, please contact the youth welfare office (Beistandschaft) or a lawyer.

• Local Court - Family Court (Sections 23a (1) sentence 1, 23b (1) GVG)
• the local court - family court - responsible for you in accordance with §§ 232 f. FamFG

The requirements for the simplified procedure for determining maintenance are

• It concerns maintenance
  • for a minor child or
  • for a child of full age for the past period of minority.
• No court has already ruled on the maintenance claim or no court maintenance proceedings have yet been initiated.
• There is not yet an enforceable maintenance title (e.g. a youth welfare office certificate).
• The requested maintenance for the child is not higher than 1.2 times the minimum maintenance.

You are entitled to assert the maintenance claim as

• custodial parent with whom the minor child lives, or
• the person or body legally representing the child.

for the applicant:

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

for the defendant:

• Objection form -
  available from the local court
• Relevant evidence and supporting documents

• court costs
• lawyer's fees, if applicable
• both depend on the amount in dispute

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

• Usually approx. two months, depending on the individual case

• §§ 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)

• • Application for determination of maintenance according to § 249 FamFG (simplified procedure)
  • Objection form

29.09.2020