Best Child Support Lawyers in Austria

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Mag. Volker Flick
Graz, Austria

Founded in 2010
2 people in their team
English
Flick Anwรคlte is a boutique law firm based in Graz, Austria, led by Mag. Volker Flick and Mag. Eva Flick. The firm concentrates on Familienrecht and Erbrecht, with Volker Flick specializing in Scheidungsrecht and inheritance matters, and Eva Flick focusing on family law. Since its founding in...
RECHTSATELIER Proxauf
Innsbruck, Austria

English
RECHTSATELIER Proxauf, officially known as Schmidinger-Singer Meyer Zeilinger Rechtsanwรคlte GmbH, is a distinguished law firm based in Innsbruck, Austria. The firm offers comprehensive legal services to both private individuals and businesses, positioning itself as an outsourced legal department...

Founded in 2019
English
Rechtsanwalt Mag. Johannes Koman LLB.oec., based in Salzburg, Austria, offers specialized legal services in areas including employment law, estate planning, family law, real estate, and general legal counsel. With a strong academic background, including degrees in law and economics, Mag. Koman...
Dr. Martina Withoff
Zwettl Stadt, Austria

Founded in 1960
4 people in their team
English
Dr. Martina Withoff is a Zwettl-based Austrian law practice led by Dr. Martina Withoff. The firm specializes in civil and corporate matters and serves individuals and businesses across Lower Austria. Its practice areas include General Civil Law, Corporate and Commercial Law, Family Law and...

English
Rechtsanwaltskanzlei Dr. Robert Galler, based in Salzburg, provides comprehensive legal advice across all matters and represents clients before civil and criminal courts as well as authorities. The firm is known for long-standing experience, a solutions-oriented approach, and a client-focused ethos...

Founded in 1999
8 people in their team
English
Marschitz, Beber & Studeny Rechtsanwรคlte is a well established Austrian law firm based in Mistelbach, specializing in builder contract law, real estate law and residential property matters. The team provides practical, client focused guidance on property transactions, development projects and...
Vienna, Austria

Founded in 2017
3 people in their team
English
Mag. Dr. Karin Kostan is an Austrian law firm based in Klagenfurt am Wรถrthersee, Kรคrnten. The firm focuses on private law and criminal defense, delivering precise legal counsel with a strong emphasis on personal attention and practical solutions. Since the firm opened in November 2017, it has...

Founded in 2014
26 people in their team
English
Divitschek Sieder Sauer Peter Rechtsanwรคlte GesbR is an Austrian law firm with its headquarters in Deutschlandsberg and additional offices in Graz and Fohnsdorf. The firm is distinguished by outstanding legal knowledge and more than 20 years of experience, delivering high quality advice and...
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About Child Support Law in Austria

Child support in Austria is a legal obligation that parents have to provide financial assistance for their children. The Austrian legal system mandates that both parents are responsible for their child's financial well-being, regardless of whether they are married, divorced, or have never been married. The law ensures that children have the right to receive support for expenses related to their care, education, and upbringing, which typically includes housing, food, clothing, education, and healthcare.

Why You May Need a Lawyer

Seeking legal advice in matters of child support can be crucial for several reasons:

  • Calculating Support Amounts: Determining the correct amount of child support based on income can be complicated, necessitating professional guidance.
  • Enforcement and Compliance: A lawyer can assist if one parent is not complying with a child support order.
  • Modifications: Changes in circumstances, such as a significant income change for either parent, might require modifications to existing support arrangements.
  • Court Representation: In case of disputes, legal representation can be crucial for presenting and defending claims in court.
  • Legal Advice: Navigating the complexities of child support law requires a solid understanding of legal rights and obligations, which a lawyer can provide.

Local Laws Overview

Austrian child support laws are governed primarily by the Austrian Civil Code (ABGB) and complementary regulations:

  • Duty of Maintenance: Parents are legally obligated to maintain their children, with the non-custodial parent typically paying support to the custodial parent.
  • Income-Based Calculations: Child support amounts depend on the non-custodial parent's income and the child's needs.
  • Age of the Child: The obligation generally continues until the child is self-sufficient, often when they complete education or vocational training.
  • Court Orders: While agreements can be made out of court, disputed cases are handled by family courts, which can establish binding orders.
  • Indexation: Child support payments are adjusted annually to reflect changes in consumer prices, ensuring amounts remain fair and relevant.

Frequently Asked Questions

How is child support calculated in Austria?

Child support is generally calculated based on a percentage of the paying parent's net income, considering the child's age and standard needs. The precise percentage can vary between jurisdictions and specific family situations.

Can child support amounts be changed?

Yes, child support amounts can be altered if there's a significant change in circumstances, such as a change in the income of either parent or the needs of the child.

What happens if a parent does not pay child support?

If a parent fails to pay child support, the other parent can seek enforcement through legal proceedings. The court can enforce payments through measures such as wage garnishment or property seizure.

Do I need a lawyer to arrange child support?

While not legally required, having a lawyer can be beneficial in ensuring that support arrangements are fair and legally sound. A lawyer can also help navigate any legal disputes or modifications.

Are non-biological parents required to pay child support?

In general, biological parents are responsible for child support. However, legal parents, such as those who have adopted a child, also carry the obligation of support under Austrian law.

How long does child support continue?

Child support typically continues until the child becomes self-sufficient, which often coincides with completing education or vocational training. In some cases, it can extend into early adulthood if the child is still dependent.

Can child support be arranged without going to court?

Yes, parents can mutually agree on child support arrangements without court intervention. However, itโ€™s advisable to have such agreements checked by legal counsel to ensure fairness and compliance with legal standards.

What role do custody arrangements play in child support calculations?

Custody arrangements impact child support, as typically the non-custodial parent pays support to the custodial parent. Joint custody may affect calculations, depending on the division of time and financial responsibilities.

What is a 'Sorgerechtsvereinbarung'?

A 'Sorgerechtsvereinbarung' is a custody agreement between parents detailing the care and residence of the child. While it doesnโ€™t directly determine child support, it affects where the child lives, which in turn impacts support arrangements.

Is backdated child support possible?

In certain conditions, such as when a parent has not paid due support, courts can order backdated payments to compensate for missed financial support.

Additional Resources

If you need more information or assistance, consider exploring these resources:

  • The Austrian Ministry of Justice offers resources related to family law.
  • Local family court offices can provide information and guidance.
  • Advocacy organizations like Kinder- und Jugendanwaltschaften (KJA) often provide support and advice.
  • Legal aid organizations may be able to provide assistance to those who qualify for financial support.

Next Steps

If you need legal assistance with child support:

  • Consult with a Family Lawyer: Speak to a lawyer who specializes in family law to understand your rights and obligations.
  • Gather Necessary Documentation: Prepare income statements, custody agreements, and any existing court orders.
  • Consider Mediation: Before embarking on legal proceedings, mediation can be a less adversarial way to reach an agreement.
  • File a Court Application: If an agreement cannot be reached, you may need to file a court application for a formal child support order.

Remember, obtaining professional legal advice is crucial to ensure that your interests and those of your children are protected.

Lawzana helps you find the best lawyers and law firms in Austria through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Child Support, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.