How can I claim maintenance from my ex-partner?
September 16, 2022 | 40,00 EUR | answered by Marcus Hering
Dear lawyer,
my name is Benjamin Huber and I have a question regarding maintenance claims. My marriage with my ex-partner has recently been divorced and we have children together. I am currently a single parent and I am having difficulties in enforcing the maintenance payments from my ex-partner. He pays irregularly and sometimes too little maintenance for our children. I am worried that I will not be financially able to meet the needs of our children.
Due to my current financial situation and the unreliable payments from my ex-partner, I am wondering what legal steps I can take to enforce the maintenance for our children. Are there specific deadlines that I need to be aware of? What documents or evidence are needed to support my claim for maintenance? How much should the maintenance be and how can I ensure that it is paid regularly and in full?
I am unsure of how to proceed in this situation and would appreciate your professional advice and support. Please provide me with guidance on how I can effectively enforce my right to maintenance to ensure the financial support of our children.
Thank you in advance for your help.
Sincerely,
Benjamin Huber
Dear Mr. Huber,
Thank you for your inquiry regarding maintenance claims. It is understandable that you are concerned about the financial support of your children, especially if your ex-partner is irregularly and insufficiently paying maintenance. In such a situation, it is important that you know your rights and understand what legal steps you can take to claim maintenance for your children.
First and foremost, it is important to know that your maintenance claims are legally regulated. According to § 1612 of the German Civil Code (BGB), parents are obligated to provide for the maintenance of their children. This applies even after divorce. The maintenance claim of children against their parents is therefore legally anchored and can be enforced through legal means.
To effectively enforce your maintenance claim, I recommend consulting the youth welfare office (Jugendamt) or a family law attorney. The youth welfare office can assist you in calculating maintenance and, if necessary, support you in enforcing your claims. A family law attorney can provide comprehensive advice and assist you in initiating legal steps.
Regarding deadlines, there are no universally valid regulations. However, it is advisable not to wait too long to assert your claim. The sooner you act, the sooner you can find a solution. Generally, you must file a lawsuit with the family court within three years of the due date of the maintenance claim.
To substantiate your maintenance claim, income statements of your ex-partner and evidence of the children's needs are usually required. This may include bank statements, pay slips, rental agreements, or medical bills for the children. The more documents you can provide, the better you can substantiate your maintenance claim.
The amount of maintenance depends on the income of both parents and the needs of the children. There are established maintenance tables that can be used to calculate maintenance. Your attorney can assist you in determining the amount of maintenance and ensuring that it is paid regularly and in full.
In conclusion, I would like to advise you to seek professional help to effectively enforce your maintenance claim. A family law attorney can provide comprehensive advice and assist you in enforcing your claims.
I hope that my explanations are helpful to you and wish you success in asserting your maintenance claim.
Sincerely,
Marcus Hering
Family Law Attorney
