Maintenance claims against persons living abroad Persecution Unfortunately this specification of service has not yet been completely translated.
If the other parent lives abroad and does not provide maintenance, you can receive assistance and the local court.
If the dependent parent lives abroad, the maintenance must be claimed abroad.
Claiming maintenance from a person living abroad involves various problems, including how the income ratios and living costs there affect the level 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 by the local court responsible for the domicile of the applicant at the seat of a Higher Regional Court. The district court informs and advises on the possibilities for recovery of maintenance abroad and which documents are required for this purpose. 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 a central authority after the AUG. It corresponds throughout the procedure with the competent authorities abroad.
The application is made via a form, which you receive through the district court and to which all necessary documents are enclosed, from which your claim for maintenance can be derived. For child maintenance, you will need in particular your child's birth certificate and the maintenance title in enforceable copy. The district court then forwards your request to the Federal Office of Justice. From there, the application for the enforcement of maintenance shall be sent to the relevant central authority of the foreign State.
In general, however, you can contact the assistance and ask to claim the maintenance against the parent living abroad. Pursuant to Section 1712 (1) No. 2 of the Civil Code (BGB for short), the assertion of maintenance claims is one of the tasks of the Youth Office as an assistance. The assistance person acts as a legal representative of the dependent child and is therefore entitled to complete the application forms provided for in the context of the cross-border maintenance realization and to submit them to the pre-examination court.
The Youth Office may also take action if it has paid maintenance advances and redressthedebtor abroad.
- Applicant's identity card
- Birth certificate of the child
- All documents resulting from the maintenance obligation of the person living abroad
- The dependent parent is abroad.
- The parent who is entitled to parental care can apply. If it is available to both parents, the parent may apply for assistance from the person in whose care the child is in the care of the child.
- The application may also be made before the child is born.
- The child must be a minor.
- The forms of the district court must be used.
Law on the assertion of maintenance claims in the course of trade with foreign states (AUG):
2007 Hague Maintenance Convention
Appointment with the Office for Social Services -Youth Office, Specialist Service Assistance/Maintenance for Minors.
- First of all, an assistance can be set up. For this purpose, an appointment will be arranged with the assistance in your area.
- The employees will then invite the applicant to an interview.
- Bring with you all documents that may be present in the maintenance matter (debt, correspondence from a lawyer, etc.).
- Contact the local 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 the foreign country where the dependent person is staying.
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