Service Finder
Pursuing maintenance claims against a person living abroad
Service Description
If you are entitled to maintenance, it is often difficult to enforce your claim if the maintenance debtor lives in another country. Against this background, so-called Central Authorities have been established worldwide in the field of international maintenance law to assist with the cross-border enforcement of maintenance claims. For Germany, the Federal Office of Justice is the central authority responsible for the cross-border enforcement of maintenance claims in accordance with Section 4 (1) of the Foreign Maintenance Act (AUG). In the majority of cases handled by the Federal Office of Justice, the maintenance claimants are minor children. Under certain conditions, the Federal Office of Justice can also assist with the cross-border enforcement of spousal maintenance.
Maintenance recipients living in Germany cannot send applications directly to the Federal Office of Justice. Applications are submitted via the local court - family court - at the seat of a higher regional court responsible for the applicant's place of residence. Forms must be used for the application, which you can obtain from the local court. The local court will provide information and advice on the options for recovering maintenance abroad and the documents required for this. Once the application has been submitted in full to the local court, it will be forwarded to the Federal Office of Justice following an examination. The Federal Office of Justice acts as the central authority under the AUG. It corresponds with the competent authorities abroad throughout the entire procedure.
The following applies to child maintenance: You can contact the youth welfare office and ask them to claim maintenance from the parent living abroad. According to § 1712 Para. 1 No. 2 of the German Civil Code (BGB), the assertion of maintenance claims is one of the tasks of the Youth Welfare Office as a guardian. The guardian acts as the legal representative of the child entitled to maintenance and is therefore authorized to complete the application forms provided for in the context of cross-border maintenance enforcement and submit them to the preliminary review court
Process flow
- A guardianship can initially be set up to assert child maintenance claims. For this purpose, an appointment will be arranged with the youth welfare office in your area.
- Bring all documents relating to the maintenance matter with you to the appointment (debt instruments, correspondence from a lawyer, etc.).
- Contact the local court to obtain the forms with which you can apply to enforce the maintenance obligation of the person living abroad.
- The local court will then contact the Federal Office of Justice, which is the central authority for foreign maintenance matters in Germany.
- The Federal Office of Justice then contacts the central authority of the foreign country in which the person liable to pay maintenance resides.
Who should I contact?
To the family court responsible for you at the seat of a higher regional court or, in the case of guardianship, to the youth welfare office of your district or city.
Competent authority
The local court responsible for you - family court - at the seat of a higher regional court (§ 7 Para. 1 AUG - in Thuringia: Jena Local Court), as well as the youth welfare office of your district or town.
Requirements
- The forms of the local court must be used.
- The requirements for the enforcement of maintenance claims abroad depend on the country in which the person obliged to pay maintenance is resident and which international agreements are relevant for cooperation with this country.
Which documents are required?
All documents showing the maintenance obligation of the person living abroad. The details depend on which measures are requested, in which country the person obliged to pay maintenance resides and which international agreements are relevant for cooperation with this country.
What are the fees?
The Federal Office of Justice and the foreign receiving and transmitting agencies/central authorities generally work free of charge for applicants.
Costs may be incurred for the translation of documents, but there are no costs for government agencies.
Processing duration
- No general information can be given on the processing time. It depends on the course of proceedings in the respective countries, including any necessary court proceedings. There is no uniformity here; in addition, special features may arise in individual cases.
- A longer processing time is to be expected in particular if the foreign office has to carry out all investigations into the residence and then conduct court proceedings to enforce maintenance.
- Applicants can contribute to speedy processing by submitting complete application documents. Nevertheless, the processing time depends on the individual case and also on the cooperation of the person liable to pay maintenance.
Legal basis
Applications / forms
The preliminary examination procedure at the local court is an administrative judicial procedure (Section 7 (2) AUG). According to Sections 23 et seq. of the Introductory Act to the German Judicial Constitution Act (EGGVG), legal recourse to the ordinary courts is available for the review of individual matters and an application for a court decision can be made.
Appeal
Yes
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection
Professionally released on
24.08.2022
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Amtsgericht Erfurt
Address
99092 Erfurt
Postal address
99107 Erfurt