Review and pursue maintenance claims against a person living abroad.
If the other parent lives abroad and does not provide maintenance, you can receive support from the assistance and the local court support.
If the parent liable for maintenance lives abroad, maintenance must be claimed abroad.
Claiming maintenance from a person living abroad is associated with various problems, including how the income and living costs there affect the amount of maintenance. Furthermore, German courts abroad have no authority to issue instructions.
There are international conventions designed to simplify international maintenance matters. Central authorities are responsible in almost all countries. In Germany, this is the Federal Office of Justice.
However, the application is made via the district court responsible for the place of residence of the applicant at the seat of a higher regional court. The district court informs and advises on the possibilities for the recovery of maintenance abroad and which documents are required for this. After the application has been submitted in full to the district court, it forwards it to the Federal Office of Justice after an examination. The Federal Office of Justice acts as the central authority under the AUG. It corresponds to the competent authorities abroad throughout the procedure.
The application is made via a form, which you will receive from the district court and which will be accompanied by all the necessary documents from which your claim to maintenance can be derived. For child support, you need in particular the birth certificate of your child and the maintenance title in enforceable copy. The district court will then forward your request to the Federal Office of Justice. From there, the application for the enforcement of maintenance goes to the respective central authority of the foreign state.
In general, however, the following applies: You can contact the assistance and ask them to claim the maintenance against the parent living abroad. According to § 1712 sec. 1 no. 2 of the Civil Code (BGB), the assertion of maintenance claims is one of the tasks of the Youth Welfare Office as an adviser. The adviser acts as the legal representative of the dependent child and is therefore authorised to complete the application forms provided for in the context of cross-border maintenance implementation and to submit them to the preliminary examination court.
The Youth Welfare Office can also take action if it has paid a maintenance advance and wants to take recourse against the maintenance debtor abroad.
- Identity card of the applicant
- Birth certificate of the child
- All documents from which the maintenance obligation of the person living abroad arises
- The parent liable for maintenance is abroad.
- The application may be made by the parent who has parental authority. If both parents are entitled to it, the parent in whose care the child is in can apply for assistance.
- The application can also be made before the birth of the child.
- Child must be a minor.
- The forms of the district court must be used.
Act on the Assertion of Maintenance Claims in Dealings with Foreign States (AUG):
Hague Maintenance Convention 2007
Making an appointment with the Office for Social Services -Jugendamt-, Fachdienst Assistance/ Maintenance for Minors.
- First of all, a support body can be set up. For this purpose, an appointment will be made with the assistance in your area.
- The employees will then invite the applicant to an interview.
- Bring all documents that may be available in the maintenance matter (debt instruments, correspondence of a lawyer, etc.).
- Contact the district court to obtain the forms with which you can apply for an application for the maintenance obligation of the person living abroad.
- The district court then turns to the Federal Office of Justice, which is the central office for foreign maintenance matters in Germany.
- The Federal Office of Justice then turns to the central office of foreign countries where the person liable for maintenance is staying.
Responsible for the content
Lower Saxony Ministry of Justice
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