Maintenance advance Unfortunately this specification of service has not yet been completely translated.

If the maintenance of a minor child is not secured, there may be a right to advance maintenance.

Is the maintenance of your minor child not secured because the parent liable for maintenance does not or cannot pay maintenance for that child?

In this case, the competent maintenance advance fund first submits a submission. The child's maintenance claims are then transferred to the State in the amount of the maintenance advance paid, which recovers the cash benefits from the parent liable for maintenance (maintenance deduction) and, if necessary, sues.

Minors are generally entitled to advance maintenance until they reach the age of majority if:

  • the child has a domicile or habitual residence in Germany,
  • the parent with whom the child lives, is single, widowed, divorced or permanently separated from his or her spouse; and
  • the other parent with whom the child does not live does not pay maintenance, or only partially or irregularly, or the child does not receive sufficient orphan's remuneration after the death of the parent liable for maintenance.

Exception: if the single parent family receives SGB II benefits, a maintenance advance for children from the age of 12 is only entitled if the child is not dependent on SGB II benefits due to his or her own income or if the single parent earns his or her own income of at least 600 euros gross in SGB II.

As a rule, maintenance is granted taking into account the child benefit to be paid for a first child in the amount of the minimum monthly maintenance resulting from § 1612a paragraph 1 sentence 3 no. 1 or 2 of the Civil Code.

Due to the increased minimum maintenance, the following new UV amounts will apply from 01.01.2022

 

 

For children aged 0 - 5 years: up to 177, - Euro per month,

 

 

for children aged 6 - 11 years: up to 236, - Euro per month,

 

 

for children aged 12 - 17 years: up to 314, - Euro per month.

  • birth certificate of the child,
  • Identity card or passport or settlement or residence permit,
  • Confirmation of registration or information on the population register,
  • Divorce
  • where applicable, certificate of recognition of paternity or judgment on the determination of paternity,
  • where applicable, official determination of the amount of the maintenance obligation (maintenance title),
  • Proof of income, such as child benefit, half-orphan's pension, maintenance payments and, if applicable, the current benefit notice from the job centre or social welfare office
  • School certificate or training contract (for children from the age of 15).

Hints

Information on the maintenance advance and the maintenance advance funds can also be found in the brochure "Strong with children" (pages 24 and 73).

  • Brochure "Strong with children" (including addresses of the maintenance advance funds)

Related Links

  • Maintenance Advance Act (UVG)
  • § 1612a Abs. 1 Satz 3 Nr. 1 oder 2 Bürgerliches Gesetzbuch (BGB)

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