Unterhaltsansprüche aus dem Ausland Durchsetzung im gerichtlichen Verfahren

If the other parent liable for maintenance lives in Germany and you want to claim maintenance for your child living abroad, you can have this claim enforced in court.

As the parent entitled to represent your child, you may submit a request for maintenance to the Federal Office of Justice via the Central Authority of the Contracting State in which you and your child reside, via the Central Authority responsible for you in your State of residence. If the request is complete, the Federal Office of Justice will take all appropriate steps to enforce the maintenance claim. Pursuant to Article 5(5) AUG, when a request is received, the Federal Office of Justice is deemed to be authorised to take extrajudicial or judicial action on behalf of the creditor.

This essentially involves checking the whereabouts of the person liable for maintenance and his or her economic capacity. Depending on the circumstances of the case, a foreign title is declared enforceable in Germany or a maintenance order is obtained for the first time. If paternity has not yet been established, paternity proceedings are carried out beforehand. As far as possible, efforts will be made to obtain voluntary payment of maintenance. If payments are not made, enforcement proceedings will be initiated.

There are international conventions designed to simplify international maintenance matters. Which convention applies depends on the country in which you and your child are habitually resident.

• Identity card of the applicant
• Birth certificate of the child
• All documents from which the maintenance obligation of the capable person results

• The parent claiming child maintenance is abroad.
• The application for child maintenance may be made by the parent who has parental authority.
• The application can also be made before the child is born.
• The child must be a minor.

The foreign Central Authorities and the Federal Office of Justice generally work free of charge for the applicants.

On the other hand, the possible commissioning of a lawyer or other associations is associated with costs which are to be borne by the applicants. However, if the applicant loses the case, the costs incurred by the opposing lawyer must be reimbursed (section 20 AUG in conjunction with section 123 ZPO).

Costs may be incurred for the translation of documents, but no costs are incurred vis-à-vis state authorities.

The Central Authority of the requesting State will assist you in ensuring that the application includes all the documents and particulars which, to the knowledge of that authority, are necessary for its examination.

• The Central Authority will then transmit the application documents, together with any necessary translations, to the Central Authority in Germany, the Federal Office of Justice .
• If the request is complete, the Federal Office of Justice shall take all appropriate steps to enforce the maintenance claim.
• In accordance with Article 5(5) AUG, the Federal Office of Justice is deemed to be authorised to take extrajudicial or judicial action on behalf of the creditor when it receives a request.
• This essentially involves checking the whereabouts of the person liable for maintenance and his or her economic capacity.
• Depending on the circumstances of the case, a foreign title is declared enforceable in Germany or a maintenance order is obtained for the first time.
• If paternity has not yet been established, paternity proceedings are carried out beforehand.
• As far as possible, efforts will be made to obtain voluntary payment of maintenance.
• If payments are not made, enforcement proceedings will be instituted.
• Depending on the international agreement, German courts may grant free legal aid for all applications made by an entitled person in respect of maintenance obligations arising from a parent-child relationship towards a person who has not yet reached the age of 21.

The question about the processing time can only be answered in general terms. It depends on the course of proceedings in the respective countries, including any court proceedings that may be required. There is no uniformity here; in addition, special features may arise in individual cases. A longer processing time is to be expected above all if the German authority has to carry out all the investigations into the residence and then court proceedings to determine the amount of maintenance. Applicants can contribute to speedy processing by submitting complete application documents. Nevertheless, the processing time remains case-specific and also depends on the cooperation of the person liable to pay maintenance.

The child must still be a minor.

Complaint pursuant to §§ 58 et seq. FamFG against the family court decision within one month

• Maintenance claims from abroad Enforcement in court proceedings
• Child in need of maintenance lives abroad
• Parent liable to pay maintenance lives in Germany
• The Federal Office of Justice to which the request for maintenance is forwarded shall, if the request is complete, take all appropriate steps to enforce the maintenance claim.
• The Federal Office of Justice is deemed to be authorised to take extrajudicial or judicial action on behalf of the person entitled to maintenance.
• Jurisdiction: Applications must be submitted to the Federal Office of Justice in Germany via the Central Authority of the Contracting State in which the applicant and the child are resident.

Central authority of the requesting State

• Central authority of the requesting State
• Federal Office of Justice as central authority of the requested State Germany
• An application for a foreign maintenance order shall be decided by the Local Court having jurisdiction for the seat of the Higher Regional Court in whose district of jurisdiction the person against whom the order is directed habitually resides
• Local Court - Family Court

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