Apply for a maintenance advance in order to receive a financial advance if the other parent does not want to or cannot pay maintenance (also applies in the event of the death of the partner). Apply for assistance in order to determine maintenance claims and, if necessary, to certify them and to receive support to claim this maintenance

If the other parent does not provide maintenance, you can receive support from the assistance and have the maintenance obligation notarized. The maintenance advance payment office can help you directly financially and provide an advance or replacement of the maintenance

If an alleier parent is in the situation that the other parent does not pay maintenance, possibly because he does not want to or may not be able to pay (unemployment, death, etc.), the single parent can turn to the assistance to receive support and to have the maintenance determined. 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 an assistance from the Youth Welfare Office to establish paternity and, if successfully established, then claim maintenance.

Parents are obliged to provide maintenance to their children. If one of the parents does not provide maintenance, the parent with whom the child lives may establish assistance. The guardianship can determine the maintenance claim and possibly certify it. 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 commitment takes place in the form of a special document by the notary in the Youth Welfare Office. This special document is called a maintenance title. If the maintenance is not paid, enforcement can be applied for immediately at the competent local court on the basis of the maintenance title.

An assistance can be made by appointment in the youth welfare office or informally in writing. Such an application can be made 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. All other documents that may already exist in the maintenance matter (debt instruments, correspondence of a lawyer, etc.) should also be brought along.

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.

From 01.01.2022

  • Children from 0 to 5 years are entitled to up to 177.00 euros per month,
  • Children from 6 to 11 years per month up to 236,00 Euro and
  • Children from 12 years to 17 years from up to 314,00 Euro.

This money is immediately reclaimed by the defaulting parent through the maintenance advance payment office.

An important prerequisite for the payment of maintenance advances 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 under the Second Book of the Social Code (SGB II), or that the maintenance advance payment excludes them from the SGB II withdrawal or that the single parent earns his or her own income of at least 600 EUROS gross per month in SGB II.

If the other parent would be able to pay the maintenance for your child, it is an advance on the maintenance that 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 maintenance for your child, a default benefit 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 checked on a case-by-case basis.

To set up an assistance service

  • Identity card of the applicant
  • If applicable, account connection data
  • Birth certificate of the child
  • Furthermore, all documents that may already exist are helpful, such as letters from a lawyer, maintenance title, etc.)

To apply for a maintenance advance:

  • Identity card or passport of the applicant
  • Birth certificate of the child
  • If available: maintenance title, court order or judgment or proof of service of the maintenance claim
  • Account details for the transfer of the advance / replacement service
  • Proof of the date of separation or divorce
  • If applicable, residence permit
  • Proof of child benefit
  • If applicable, custody decision or declaration of custody
  • If applicable, acknowledgement of paternity
  • Proof of the date of separation, e.b. confirmation of the lawyer
  • If available (dunning) letters in connection with the assertion of maintenance claims of the child
  • If applicable, proof of income from the child's assets (interest, etc.) and work of the child (e.B. training allowance)

Assistance: none

Preconditions

  • Child must still be a minor
  • You are a single parent and your child lives with you

In addition, in the case of advance maintenance:

  • 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 under the Second Book of the Social Code (SGB II), or that the maintenance advance payment excludes them from the SGB II withdrawal or that the single parent earns his or her own income of at least 600 EUROS gross per month in SGB II

Related Links

  • Social Code (SGB) - Eighth Book (VIII) - Child and Youth Welfare
  • Act on the Safeguarding of the Maintenance of Children of Single Mothers and Fathers by Means of Advances or Benefits on Maintenance Payments

Assistance:

  • The assistance can then be set up in person or applied for via a written, informal request.
  • In most cases, a personal interview to set up an assistance is useful. For this purpose, an appointment is made, which usually takes 30 to 60 minutes.

Maintenance advance

  • The application is made via a form, to which all relevant documents must be added.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
10.11.2020