Apply for a maintenance advance to receive a financial advance if the other parent does not want or cannot pay maintenance (also applies in the event of the death of the partner). Apply for assistance to establish maintenance claims and, if necessary, to notarify them and to receive support to claim this maintenance
If an allierziehender parent is in the situation that the other parent does not pay maintenance, possibly because he does not want to afford or possibly can not (unemployment, death, o.A.), the single parent can turn to the assistance to experience support and to have the maintenance fixed. The maintenance advance payment office can advance the maintenance or in some cases completely replace it. Even if the father does not want to acknowledge paternity, the mother of the child can set up assistance from the Youth Welfare Office to establish paternity and, if successful, then claim maintenance. Parents are obliged to support their children. If a parent does not provide maintenance, the parent may set up an assistance with whom the child lives. The assistance can determine the maintenance claim and possibly notaren. The amount of maintenance depends on the income and financial circumstances. If it is clear how much maintenance is to be paid, this maintenance obligation should be laid down. The stipulation takes the form of a special certificate by the documented person in the Youth Welfare Office. This special document is called maintenance title. If the maintenance is not paid, a foreclosure can be applied for immediately at the competent district court on the basis of the maintenance title. Assistance can be provided by prior interview at the Youth Welfare Office or informally in writing. Such an application can be made even before the birth of the child. Either if the father still has to be determined or it is already foreseeable that no maintenance will be paid. All that is required is the identity card or passport of the applicant parent. You should also bring along all other documents that may already be available in the maintenance matter (debt securities, correspondence from a lawyer, etc.). If the other parent pays no or insufficient maintenance, your child will be granted a maintenance advance in accordance with the Maintenance Advance Act (UVG). An application for a maintenance advance can be submitted to the Youth Welfare Office. As of 01.01.2020, Children from 0 to 5 years are entitled to up to 165.00 euros per month, Children from 6 to 11 years per month up to 220,00 Euro and Children from 12 years to 17 years of up to 293,00 Euro. This money is immediately reclaimed by the defaulting parent through the maintenance advance payment office. An important prerequisite for the payment of advance maintenance is in particular that your child lives with you and is younger than 18 years. For children after the age of 12, it is also a prerequisite that they themselves are not dependent on benefits according to the Second Book of the Social Code (SGB II), or that they fall out of the SGB II reference due to the advance payment of maintenance or that the single parent in the SGB II reference earns his own income in the amount of at least 600 EURO gross monthly. If the other parent were perfectly able to pay the maintenance for your child, it is an advance on the maintenance, which the maintenance advance office recovers from the parent who is actually liable for maintenance. If the other parent is unable and therefore not obliged to pay the maintenance for your child, a default will be paid. For foreign nationals who do not have the nationality of member states of the European economic area or Switzerland, eligibility must be examined on a case-by-case basis.
To establish an assistance Identity card of the applicant if applicable, account details Birth certificate of the child Furthermore, all documents that may already exist are helpful, such as letters from a lawyer, maintenance titles, etc.) For the application for maintenance advance/ first time: Identity card or passport of the applicant Birth certificate of the child If the present case: maintenance title, court order or judgment or proof of service of the maintenance action Account details for the transfer of the advance / the replacement Proof of the time of separation or divorce If applicable, residence permit Proof of child benefit If applicable, custody decision or declaration of custody If necessary, paternity acknowledgement Proof of the time of separation e.b. Confirmation of the lawyer If in the present case (dunning) letter in connection with the assertion of maintenance claims of the child If necessary, proof of income from the child's assets (interest, etc.) and work of the child (e.B. training allowance)
Assistance: none Advance on maintenance : none
Child must still be a minor You are a single parent and your child lives with you In addition, in the case of maintenance advance: The other parent cannot or does not want to pay maintenance For children after the age of 12, it is also a prerequisite that they themselves are not dependent on benefits according to the Second Book of the Social Code (SGB II), or that they fall out of the SGB II due to the advance payment of maintenance or that the single parent in the SGB II reference achieves his own income in the amount of at least 600 EURO gross monthly
Assistance: The assistance can then be set up in person or applied for via a written, informal application. In most cases, a personal interview for the establishment of an assistance is useful. For this purpose, an appointment is made, which usually takes 30 to 60 minutes. Maintenance advance The application is submitted via a form, to which all relevant documents must be added.
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Lower Saxony Ministry of Justice
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