Assertion of the maintenance claim of the mother of a child born out of wedlock Unfortunately this specification of service has not yet been completely translated.

If, as a child's mother, you cannot agree on an appropriate amount of maintenance with the legal father of the child, you can assert a maintenance claim in court on the occasion of the birth. The conduct of such legal proceedings is essentially governed by the rules applicable to civil proceedings. If you as a child mother cannot be expected to work because of the care or upbringing, you may also be entitled to care maintenance for the period of 4 months before the birth and at least 3 years after the birth, if necessary longer to. Such a right to care maintenance may also be due to the father vis-à-vis the mother if he cares for the child. The height of the Maintenance is calculated according to the recognized principles of the calculation of maintenance, which fill in the indefinite legal terms of maintenance right. For details, please contact the legal advisory professions. Further information can also be found in the maintenance guidelines of the Higher Regional Courts.

Proof of income, assets as well as personal and economic circumstances. Also important are court orders, settlements or documents on maintenance and the recognition or determination of paternity.


none

Preconditions
As an unmarried mother of a child, you can assert a maintenance claim for a period of 6 weeks before and 8 weeks after the birth of the child, as well as a further care maintenance claim, under the following conditions: No marriage to the child's father. Paternity has been established or recognised. You are in need because you cannot be fully employed because of pregnancy, care or upbringing of the child. The child's father is efficient.
An application for maintenance on the occasion of the birth can only be made by a lawyer. The further course of the judicial proceedings is essentially governed by the provisions on civil proceedings. The court may order the parties to provide information about their income, assets and personal and economic circumstances. If the parties do not comply with this order, the court can independently obtain inquiries, e.B. from employers or insurance companies.

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

Last update or date of publication
29.09.2020