Service Finder
Assertion of the right to maintenance of the mother of a child born out of wedlock
Service Description
If you, as the mother of the child, cannot agree with the legal father of the child on an appropriate amount of maintenance, you can assert a claim for maintenance on the occasion of the birth in court. The course of such court proceedings is essentially governed by the rules applicable to civil proceedings.
If you, as the mother of the child, cannot be expected to work due to the care or upbringing of the child, you are also entitled to a claim for childcare maintenance for the period of at least 4 months before the birth and at least 3 years after the birth, or longer if necessary, in addition to the existing claim for maintenance for the period of 6 weeks before and 8 weeks after the birth. The father may also be entitled to childcare maintenance from the mother if he looks after the child.
Theamount of maintenance is calculated according to the recognized principles of maintenance calculation, which fill in the undefined legal terms of maintenance law. For details, please contact the legal counseling professions.
Further information can also be found in the maintenance guidelines of the Higher Regional Courts.
Process flow
An application for the assertion of maintenance on the occasion of the birth can only be filed by a lawyer.
- The further course of the court proceedings is essentially governed by the provisions on civil proceedings.
- The court may order the parties to provide information on their income, assets and personal and economic circumstances. If the parties do not comply with this order, the court can obtain information independently, e.g. from employers or insurance companies.
Who should I contact?
- Please consult a lawyer.
Competent authority
- The local court - family court - responsible for you (§§ 23a Para. 1 Sentence 1, 23b Para. 1 GVG)
- The local court - family court - responsible for you in accordance with Section 232 (3) No. 1 FamFG is determined by your Social Services Office or the lawyer you have instructed.
Requirements
You as a non-married mother of a child can claim maintenance for the period of 6 weeks before and 8 weeks after the birth of the child, as well as care maintenance beyond that, under the following conditions:
- Not married to the child's father.
- Paternity is established or acknowledged.
- You are needy because you cannot work full time due to pregnancy, care or upbringing of the child.
- The child's father is capable of paying.
Which documents are required?
Proof of income, assets and personal and economic circumstances. Important are also Court orders, settlements or deeds concerning maintenance and paternity acknowledgement or establishment.
What are the fees?
- Court costs
- Legal fees
- both depend on the amount in dispute
What deadlines do I have to pay attention to?
In principle, maintenance can only be claimed for the future. For the past only under certain conditions.
Processing duration
At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case
Legal basis
- § Section 1615l (1) of the German Civil Code (BGB)
- § Section 111 No. 8 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
- § Section 112 No. 1 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
- § Section 113 (1) of the Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG - German Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction) for family disputes
- § Section 114 (1) of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
- § Section 231 (1) no. 3 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for family disputes
- §§ Sections 232 et seq. Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on Jurisdiction
Applications / forms
Appeal pursuant to §§ 58 et seq. FamFG against the family court decision within one month by a lawyer or attorney-at-law
Appeal
None
Author
The text was automatically translated based on the German content.
Technically approved by
Senator for Justice and Constitution of the Free Hanseatic City of Bremen
Professionally released on
29.09.2020
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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