Maintenance certificate with and without assistance

If a single parent is in a situation where the other parent does not pay maintenance, possibly because the parent does not want to pay or may not be able to (unemployment, death, o.a.) the single parent can contact the assistance to receive support and to have the maintenance fixed. The maintenance advance payment agency 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 establish an assistance of the Youth Office for the determination of paternity and, if successful, then claim maintenance. Parents are obliged to provide maintenance to their children. If a parent does not provide maintenance, the parent may establish an assistance with whom the child lives. The assistance can determine the maintenance claim and possibly certify it. The amount of maintenance depends on income and wealth. If it is established to what extent the maintenance is to be paid, this maintenance obligation should be fixed. The foundation takes the form of a special certificate by the original person in the Youth Office. This special document is called maintenance titles. If the maintenance is not paid, enforcement can be immediately applied for at the competent district court on the basis of the maintenance title. Assistance can be provided by prior consultation at the Youth Office or informally in writing. Such an application may be made before the child is born. Either if the father has yet to be identified or it is already foreseeable that no maintenance will be provided. All that is required is the identity card or passport of the applicant parent. All other documents that may already be available in the maintenance matter (debt, correspondence from 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 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 of age per month up to 220.00 Euros and Children from 12 years to 17 years of up to 293.00 euros. This money is immediately recovered by the defaulting parent through the maintenance advance payment agency. An important prerequisite for the payment of maintenance advance is in particular that your child lives with you and is under 18 years of age. For children after the age of 12, an additional condition is that they themselves are not dependent on benefits under the Second Book of the Social Code (SGB II) or that they fall out of the SGB II cover due to the maintenance advance payment, or that the single parent earns his own income in the SGB II-related sGB II salary in the amount of at least 600 EURO gross per month. If the other parent were perfectly capable of paying the maintenance for your child, it would be an advance on the maintenance that the maintenance advance agency recovers from the parent who is actually dependent on 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 are not nationals of member states of the European Economic Area or Switzerland, the eligibility must be checked on a case-by-case basis.

To establish an assistance Applicant's identity card Account connection data if applicable Birth certificate of the child Furthermore, all documents that may already exist are helpful, such as letters from a lawyer, maintenance titles, etc.) To apply for maintenance advance/erstatz: Applicant's identity card or passport Birth certificate of the child Where in 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 / replacement service Proof of the date of separation or divorce Where applicable, residence permits Proof of child benefit If necessary, a decision of custody or a declaration of custody If necessary, paternity recognition Proof of the separation date e.b. confirmation of the lawyer Insofar as in this case (reminder) letters in connection with the assertion of maintenance claims of the child If necessary, evidence of income from the child's assets (interest, etc.) and the child's work (e.B. training allowance)


Assistance: none Maintenance advance: 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 maintenance advance: The other parent cannot or does not want to pay maintenance For children after the age of 12, an additional condition is that they themselves are not dependent on benefits under the Second Book of the Social Code (SGB II) or that the maintenance advance payment falls out of the SGB II reference or that the single parent earns his own income in the SGB II-related salary in the amount of at least 600 EURO gross per month.
Assistance: The assistance can then be set up in person or requested by a written, informal application. In most cases, a personal pre-consultation for the establishment of an assistance is useful. For this purpose, an appointment is agreed, which usually lasts 30 to 60 minutes. Maintenance advance The application shall be made via a form to which all relevant documents must be added.

Responsible for the content
The Senator for Social Affairs, Youth, Integration and Sport

Last update or date of publication
30.09.2020