Child maintenance determination in the simplified procedure Unfortunately this specification of service has not yet been completely translated.

For a minor child of separated living parents, the dependent part may be required to provide adequate maintenance.

Maintenance for a child of a separated, married or unmarried, parent can be claimed by the maintenance obligation in the family court in a regular (disputed) or simplified maintenance procedure. The simplified procedure must be requested by means of a form. It may lead to an enforcement order (maintenance decision) more quickly and cost-effectively than a disputed maintenance procedure.

You can seek advice from employees in the Youth Office or a lawyer or lawyer as to whether this method is suitable in your case.

for the applicant:

  • The form "Application for maintenance in accordance with Section 249 FamFG (Simplified Procedure)" - available from the Youth Office or any district court
  • A statement on the income and financial circumstances of the child and the parents (if known)
  • Any evidence and evidence of income

for the respondent:

  • Objection form -
    available from the district court
  • corresponding evidence and supporting documents
    • Request for maintenance under Section 249 famFG (Simplified Procedure)
    • Objection form

Preconditions

The conditions for the simplified maintenance determination procedure are:

  • It is maintenance
    • for an underage child or
    • for an adult child for the past period of minors.
  • No court has already ruled on the maintenance claim or has not yet initiated a judicial maintenance procedure before the court.
  • There is no enforceable maintenance title (e.B. a youth welfare certificate).
  • The required maintenance for the child is not higher than 1.2 times the minimum maintenance.

You are entitled to assert your maintenance claim as a

  • parent with whom the minor child lives, or
  • person or body representing the child legally.
  • 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
  • Form F55 and leaflet F55a available on the Lower Saxony State Justice Portal

Related Links

  • Section 1601 et seq. Of 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 249 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

You must submit the application form, which must be obtained from the Youth Office or the District Court. The form is also available for download.

  • You apply as a legitimate person
    • either in its own name for the child
      • if you are married to the other parent and you live separately or
      • a marital matter is pending between you.
    • or on behalf of the child as his legal representation.
  • You submit the completed and signed application with the necessary proof to your competent family court at the district court.
  • The court shall inform the respondent in writing that a maintenance payment for the child has been requested.
  • The person or persons liable to pay the maintenance shall be able to raise objections within one month:
    • The law provides only, under strict conditions, that objections from the respondent are taken into account in the simplified maintenance procedure.
  • For clarification, the respondent must disclose his or her income and financial circumstances:
    • attaches appropriate supporting documents.
    • explains the extent to which he or she is willing to pay maintenance.
  • The court shall inform you of any objections and the information provided.
  • If the respondent declares himself fully or partially prepared to provide maintenance or raises no or only inadmissible objections, the court shall determine the maintenance accordingly by order.
  • Note: Otherwise, the simplified procedure has failed and will be transferred to the disputed procedure upon request.

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Last update or date of publication
10.11.2020