Maintenance claim on the occasion of birth fixing Unfortunately this specification of service has not yet been completely translated.

As a non-married mother, you may claim maintenance from the child's father on the occasion of the birth of the common child.

If, as a child's mother, you are unable to agree on a reasonable level of maintenance with the child's legal father, you can make a claim for maintenance on the occasion of the birth in court. The conduct of such a judicial procedure is essentially governed by the rules applicable to the civil proceedings.

If you as a mother cannot be expected to work because of care or education, you may also be entitled to a care maintenance claim for the period of 4 months prior to birth and at least 3 years after the birth, if necessary longer, in addition to the maintenance entitlement that exists for the duration of 6 weeks before and 8 weeks after birth. Such a right to care may also be given to the father in relation to the mother when he is caring for the child.

The height of the Maintenance is calculated according to the accepted principles of maintenance calculation, which complete the indeterminate legal concepts of maintenance law. For details, please contact the legal professions.

Further information can also be found in the maintenance guidelines of the Higher Regional Courts.

Evidence of income, wealth and personal and economic circumstances. It is also important to have court orders, settlements or documents relating to maintenance and paternity recognition or determination.

No

Preconditions

As a non-married mother of a child, you may, under the following conditions, claim maintenance for a period of 6 weeks before and 8 weeks after the birth of the child, as well as a further claim for care:

  • No marriage to the child's father.
  • Paternity is established or recognised.
  • You are in need because you cannot be fully employed because of pregnancy, care or education of the child.
  • The child's father is powerful.
  • Maintenance guidelines of the Higher Regional Court of Braunschweig
  • Maintenance guidelines of the Higher Regional Court celle
  • Maintenance guidelines of the Higher Regional Court of Oldenburg

Related Links

  • Section 1615l paragraph 1 Of the Civil Code (BGB)
  • Section 111 No. 8 Law on proceedings in family matters and in matters of voluntary jurisdiction (FamFG) for family disputes
  • Section 112 No. 1 Law on family proceedings and voluntary jurisdiction (FamFG) for family disputes
  • Section 113 (1) Law on family proceedings and voluntary jurisdiction (FamFG) for family disputes
  • Section 114 (1) Law on family proceedings and voluntary jurisdiction (FamFG) for family disputes
  • Section 231 (1) No. 3 Of the Family Procedure and Voluntary Jurisdiction (FamFG) Act for Family Disputes
  • Section 232 et seq. Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction (FamFG) on jurisdiction

An application for the assertion of maintenance on the occasion of birth can only be made by a lawyer.

  • The further course of the judicial proceedings is essentially governed by the rules 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 seek enquiries, e.B. from employers or insurance companies.

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Last update or date of publication
10.11.2020