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Claiming child support in a faster, simpler court process

  • Partnerschaft und Familie 



    	    

		    
Procedure

            			
You must submit the application using the application form, which can be obtained from the youth welfare office or the local court. The form is also available for download.     


  • You make the application as the authorized person    
    
 
    • either in your own name for the child    
      
 
      • if you are married to the other parent and you live separately or
      • a matrimonial case is pending between you.
    • or in the name of the child as its legal representative.
  • You submit the completed and signed application, along with the necessary supporting documents, to your local family court at the district court.
  • The court will notify the respondent in writing that a child support order has been filed.
  • The person liable for maintenance is given the opportunity to raise objections within one month:    
    
 
    • The law provides only under narrow conditions that objections of the defendant are considered in the simplified maintenance proceedings.
  • For clarification purposes, the defendant must disclose his or her income and financial circumstances:    
    
 
    • Encloses appropriate supporting documents.
    • Declares the extent to which he or she is willing to pay maintenance.
  • The court will inform you of any objections and the information provided.
  • If the respondent declares his or her willingness to pay maintenance in whole or in part, or raises no objections or only inadmissible objections, the court will set the maintenance accordingly by order.
  • Note: Otherwise, the simplified proceedings have failed and will be transferred to the contentious proceedings upon application.
			
Legal bases