Enforce maintenance claims of a child living abroad in Germany in court Unfortunately this specification of service has not yet been completely translated.

As a parent authorised to represent your child, you can submit a maintenance request to the Federal Office of Justice via the Central Authority of the Contracting State in which you and your child reside via the Central Authority responsible for you in your State of residence. If the request is complete, the latter shall take all appropriate steps to enforce the maintenance claim. Pursuant to Paragraph 5(5) of the AUG, the Federal Office of Justice is deemed to be authorised to act out of court or in court on behalf of the person entitled to maintenance in the event of incoming requests. This essentially includes checking the whereabouts of the person liable for maintenance and his or her economic capacity. Depending on the case, a foreign title is declared enforceable in Germany or a maintenance title is obtained for the first time. If paternity has not yet been clarified, a paternity determination procedure is carried out beforehand. As far as possible, a voluntary payment of maintenance is encouraged. If no payments are made, enforcement is initiated. There are international conventions designed to simplify international maintenance matters. Which Convention applies depends on the country in which you and your child have your habitual residence.

Identity card of the applicant Birth certificate of the child All documents from which the maintenance obligation of the efficient person arises


yes

Preconditions
The parent claiming maintenance for the child is abroad. The application for child support may be made by the parent who has parental authority. The application can also be made before the birth of the child. The child must be a minor.
The Central Authority of the requesting State shall assist you to ensure that the application contains all the documents and information necessary to its examination to the knowledge of that authority. The Central Authority then transmits the application documents and any necessary translations to the Central Authority in Germany, the Federal Office of Justice. If the request is complete, the Federal Office of Justice shall take all appropriate steps to enforce the maintenance claim. Pursuant to Paragraph 5(5) of the AUG, the Federal Office of Justice is deemed to be authorised to act out of court or in court on behalf of the person entitled to maintenance in the event of incoming requests. This essentially includes checking the whereabouts of the person liable for maintenance and his or her economic capacity. Depending on the case, a foreign title is declared enforceable in Germany or a maintenance title is obtained for the first time. If paternity has not yet been clarified, a paternity determination procedure is carried out beforehand. As far as possible, a voluntary payment of maintenance is encouraged. If no payments are made, enforcement is initiated. Depending on the international agreement, German courts may grant free legal aid for all applications made by a beneficiary in relation to maintenance obligations alike against a person who has not yet reached the age of 21.

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

Last update or date of publication
09.10.2020