Care maintenance Unfortunately this specification of service has not yet been completely translated.
In principle, the caring parent is entitled to care maintenance after a separation or divorce. Unmarried parents are now largely on an equal footing with married and divorced parents. Maintenance payments to the caring parent may not be made until at least four months before birth. The maintenance obligation is for at least three years after birth. It shall be extended as long as and to the extent that this is in line with fairness. Particular account must be taken of the concerns of the child and the existing possibilities of childcare.
In the context of the judicial proceedings, evidence of income and property is required in particular. The court requests the necessary documents in detail.
The conditions of the Civil Code on the maintenance entitlement of mother and father on the occasion of birth are available, the dependent parent cannot provide for his own maintenance (neediness) and the other parent is able to contribute from his income and assets to the maintenance of the parent in need (performance).
- Section 1609 of the German Civil Code (ranking of several dependants)
- Section 1615l Of the Civil Code (BGB) (maintenance claim of mother and father on the occasion of birth)
- Section 1570 Of the Civil Code (BGB)
- Section 18 Social Code, Eighth Book (SGB VIII) (Advice and support in the exercise of personal care and the right of access)
Consensual settlement As a single parent, you will receive free advice and support from the local youth office if you have any questions about maintenance. There you can also have the amount of your claim determined. The counselling is also in connection with the recognition of paternity (certificate of the Youth Office). Make the maintenance claim in writing and first seek a friendly settlement. A voluntary commitment is certified by the Youth Office. With the document ("enforceable title") your claim is immediately enforceable even in the event of a dispute. Maintenance application If the debtor does not comply with your claim, you can make your claim in court by means of a maintenance application. In any case, you should seek advice from a family law specialist before applying. The details of the maintenance law are complex, so expert advice is highly recommended. The application for care maintenance is usually submitted to the Family Court by the specialist lawyer of your trust. A substantial change in the circumstances which was relevant to the maintenance claim in a previous enforcement order may entitle an action for amendment.