Unterhaltsansprüche beurkunden lassen

If the other parent does not pay child support, you can get assistance from the Beistandschaft and have the obligation to pay child support notarized. The maintenance advance money office can help you directly financially and make an advance payment or substitute the maintenance.

If you are a single parent in a situation where the other parent does not pay child support, you can contact the guardianship. This offers you support and can have the maintenance fixed. The child support advance office can advance the child support or in some cases replace it completely.

Even if the father does not want to acknowledge paternity, the mother of the child can set up an assistance office of the Youth Welfare Office to establish paternity and, if the establishment is successful, can then claim maintenance.

Parents are obligated to pay child support to their children. If one parent does not pay child support, the parent with whom the child lives can establish a guardianship. The guardianship can determine the maintenance claim and possibly certify it. The amount of maintenance depends on the income and asset situation.

Once it has been determined how much maintenance is to be paid, this maintenance obligation should be fixed. This is done in the form of a special document by the notary in the youth welfare office. This special document is called a maintenance order. If the child support is not paid, an application for compulsory enforcement can be filed immediately with the competent district court on the basis of the child support order.

If the other parent does not pay any or sufficient maintenance, your child will be granted advance maintenance payments according to the Advance Maintenance Payments Act (Unterhaltsvorschussgesetz, UVG).

This is how much money you can currently get (as of January 2023):
- for children up to 5 years up to EUR 187 per month
- for children from 6 to 11 years up to EURO 252 per month
- for children from 12 to 18 years up to EURO 338 per month. Special conditions apply here.

This money is immediately reclaimed from the defaulting parent by the child support advance payment office.

If the other parent would be able to pay the child support, it is an advance on the child support, which the child support advance office recovers from the parent who actually has to pay the child support.

If the other parent is unable, and therefore not obligated, to pay child support for your child, a deficiency payment will be made.

For foreign nationals who are not citizens of member states of the European Economic Area or Switzerland, eligibility must be checked on a case-by-case basis.

For the establishment of a guardianship

• Identity card of the applicant
• Account details, if applicable
• Birth certificate of the child
• Also helpful are any documents that may already exist, such as a letter from a lawyer or a maintenance order.

For the application of alimony advance/substitute:

• Identity card or passport of the applicant
• Birth certificate of the child
• If available: maintenance order, court order or judgment or proof of service of the maintenance claim
• Account details for the transfer of the advance payment/substitute payment
• Proof of the date of separation or divorce
• Residence permit, if applicable
• Proof of child support
• If applicable, custody decision or custody declaration
• Acknowledgement of paternity, if applicable
• If available: (reminder) letter in connection with the assertion of child support claims
• If applicable, evidence of income from the child's assets (interest and similar) and the child's work (for example, training allowance)

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

Additionally in the case of maintenance advance:

• The other parent is unable or unwilling to pay child support (for example, due to death, unemployment, or other circumstances)
• For children after the age of 12, it is also a prerequisite that they themselves are not dependent on benefits under Book II of the Social Code (SGB II), or that they do not receive SGB II benefits as a result of the advance maintenance payment, or that the single parent in receipt of SGB II benefits earns his/her own income of at least 600 euros gross per month.
  

None

Guardianship:

• The guardianship can be established in person or requested via a written, informal application.
• In most cases, it is advisable to come in person to set up a guardianship. An appointment is made for this, which usually lasts 30 to 60 minutes.
  

Advance maintenance payment

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

Assistance:

• After a personal meeting (approx. 30 to 60 minutes), processing usually takes place within 3 weeks. This also depends on the necessary measures.

Advance maintenance payments:

• After submission of a complete application, processing takes place immediately.

The application can be made even before the child is born: Either if the father has yet to be determined or it is already foreseeable that no child support will be paid.

The child must still be a minor.

Opposition

• Obligation to meet maintenance claims Notarization.
• If one parent cannot or does not want to pay child support (even after the death of the partner), the child support advance payment office can make an advance payment and, if necessary, recover the money from the defaulting parent.
• If the father of a child is unknown, a paternity test can be enforced with the help of the Beistandschaft.
• If the parents are known, but one parent does not pay child support, the guardianship supports the parent in whose care the child is.
• The guardianship can determine the amount of support and, if necessary, certify it. Applications for assistance can be made even before the birth of a child.
• The youth welfare office responsible for the place of residence is responsible.

Youth Welfare Office

Youth Welfare Office

Assistance:None

Advance child support: none