Best Child Support Lawyers in Braunschweig

About Child Support Law in Braunschweig, Germany

Child support, known in German as "Kindesunterhalt," is a legal obligation to provide financial assistance for a child’s needs following a separation or divorce. In Braunschweig, as elsewhere in Germany, the law ensures that children are financially supported by their parents, regardless of marital status. The system aims to safeguard the welfare and upbringing of children, making sure their basic needs such as housing, education, clothing, and healthcare are met.

Why You May Need a Lawyer

Navigating the child support system can be complex, especially during emotionally charged situations like divorce or separation. You may require legal advice and representation if:

• There is a disagreement about the amount of support owed.
• The paternity of the child is in question.
• Your financial circumstances change or you lose your job.
• The other parent is not paying the agreed or court-ordered support.
• You wish to modify an existing support order.
• There are concerns about the calculation or deduction of child support payments.
• You live outside Germany or the other parent is abroad.

A lawyer can help you understand your rights, advocate for your interests, and ensure all legal processes are properly handled.

Local Laws Overview

Child support in Braunschweig is governed primarily by the German Civil Code (Bürgerliches Gesetzbuch, BGB) and additional family law statutes. Some relevant aspects include:

• Both parents are legally obligated to provide for their child's financial needs.
• The Düsseldorf Table ("Düsseldorfer Tabelle") is commonly used to estimate appropriate child support amounts, taking into account the non-custodial parent’s income and the number of children.
• Child support payments usually continue until the child reaches 18. In certain cases, such as for children in education or training, payments may be required until age 21 or beyond.
• The Jugendamt (Youth Welfare Office) can assist with establishing, calculating, and enforcing child support claims without needing to go to court.
• If parents cannot agree, courts can issue legally binding support orders.
• International regulations may apply if one parent or the child lives in a different country.

Frequently Asked Questions

What is child support ("Kindesunterhalt") and who must pay it?

Child support is a financial obligation from parents to contribute to the child's living expenses. Both parents share this duty, but typically the non-custodial parent makes payments to the custodial parent or caregiver.

How is the amount of child support determined?

The amount is based mainly on the non-custodial parent’s income and the number of children, following guidelines in the Düsseldorfer Tabelle. Adjustments might be made for additional needs or special circumstances.

Up to what age must child support be paid?

Generally, support is paid until the child turns 18. If the child remains in education, vocational training, or is unable to support themselves, payments may continue, often up to age 21, and sometimes longer.

Can I get help to enforce unpaid child support?

Yes, the Jugendamt (Youth Welfare Office) can help enforce child support orders and assist with collecting overdue payments, including through legal action if necessary.

What if the non-custodial parent lives abroad?

International treaties and agreements allow for the cross-border enforcement of child support. The Jugendamt and family courts can assist in these cases.

Can child support be modified if circumstances change?

Yes. If the financial situation of a parent or the needs of the child change, child support can be reviewed and adjusted. Legal advice is recommended for these proceedings.

Is child support taxable income?

No, child support payments themselves are not taxable income for the recipient nor deductible for the payer under German law.

What happens if paternity is disputed?

If paternity is in question, courts can order a paternity test. Legal aid is available for such proceedings, and the Jugendamt can assist.

Do I need a court order for child support?

Not always. Many agreements are settled amicably or through Jugendamt. However, if there is a dispute or non-payment, a court order provides legal enforceability.

Can adults claim child support from their parents?

In certain situations, such as when a child is in higher education or vocational training and cannot support themselves, adult children may be eligible for continued support.

Additional Resources

Several resources can assist with child support concerns in Braunschweig:

• Jugendamt Braunschweig (Youth Welfare Office): Provides advice, mediation, and enforcement assistance for child support matters.
• Family Court (Familiengericht) Braunschweig: Handles legal proceedings relating to child support.
• Lawyer Referral Services: The local bar association (Rechtsanwaltskammer Braunschweig) can help you find a qualified family law lawyer.
• Legal Aid: Financially disadvantaged individuals may qualify for legal aid (Beratungshilfe or Prozesskostenhilfe) to assist with the costs of legal advice and court representation.
• Caritas and Diakonie: Non-profit organizations that offer counseling and support for parents navigating family law matters.

Next Steps

If you need legal assistance with a child support matter in Braunschweig:

1. Document all relevant information, such as income statements, communications, and any existing agreements or court orders.
2. Contact the Jugendamt for initial advice and possible mediation-it is often the first step.
3. If direct negotiation is not possible or unsuccessful, seek a consultation with a local lawyer specializing in family law.
4. Consider applying for legal aid if you cannot afford legal representation.
5. Be proactive and keep records of all interactions and payments for future reference.

Taking these steps can help protect your rights and those of your child, ensuring a fair and lawful resolution.