Best Child Support Lawyers in Erfurt

About Child Support Law in Erfurt, Germany

Child support ("Unterhalt") in Erfurt, Germany, is governed primarily by German federal law but is applied and administered at the local level through city and regional authorities. The law ensures that children receive adequate financial support from their parents, regardless of whether the parents are married, separated, or divorced. The responsibility to provide support generally lies with the parent who does not have primary custody. Erfurt administers these laws in accordance with the national civil code (Bürgerliches Gesetzbuch, BGB) and the Guidelines for Child Support (“Düsseldorfer Tabelle”).

Why You May Need a Lawyer

Many individuals face complex legal and personal challenges regarding child support. A specialized lawyer can provide guidance and representation for situations such as:

• Difficulty determining the correct amount of child support.
• Disputes about paternity or parental responsibility.
• Challenges collecting or paying support payments.
• Modifications to existing support agreements due to changes in circumstances (income, employment, etc.).
• International cases where one parent lives outside Germany.
• Enforcement issues when the paying parent is unwilling to cooperate.
• Negotiating out-of-court settlements or mediating agreements.

A lawyer ensures your rights and obligations are clearly understood and protected according to both national and local laws.

Local Laws Overview

Child support in Erfurt is regulated by the broader German legal framework, mainly sections 1601 to 1615n of the BGB. The following aspects are particularly relevant locally:

• Calculation of Support: The amount is determined by the “Düsseldorfer Tabelle,” which considers the income of the paying parent and the number of children requiring support.
• Role of the Jugendamt (Youth Welfare Office): The Erfurt Jugendamt can help calculate claims, facilitate agreements, and sometimes enforce payments.
• Obligation Period: Child support is generally due until the child turns 18, and sometimes longer if the child remains in education or training.
• Self-Retention Amount: Law ensures that the paying parent retains a minimum amount for their necessary living expenses.
• Enforcement: If voluntary payments fail, support can be enforced through the courts or with assistance from the Jugendamt.

Although the legal principles are federal, local courts and agencies in Erfurt handle the actual implementation and enforcement of these rules.

Frequently Asked Questions

What is child support and who has to pay it?

Child support is financial aid provided by one parent to the other for the benefit of their child. Usually, the parent who does not live with the child or does not have primary custody is required to pay support.

How is child support calculated in Erfurt?

The "Düsseldorfer Tabelle" is used to calculate the amount based on the paying parent’s net income and the number and ages of the children.

Can child support be changed after it’s been set?

Yes, adjustments are possible if there is a significant change in either parent’s financial situation or the child’s needs. Such changes must usually be requested through the court.

Who can help me if my ex-partner is not paying child support?

The Jugendamt (Youth Welfare Office) in Erfurt can assist with enforcement and may advance payments temporarily in certain cases. Legal action through the courts is also possible.

Until what age is child support required?

Support is typically required until the child turns 18 but may continue until they finish their education or vocational training.

What happens if I cannot afford to pay child support?

If your financial situation deteriorates, you can apply for a reduction through the court. It is essential to address this legally as soon as possible to avoid arrears.

Does child support cover all the child’s expenses?

It primarily covers basic needs such as food, clothing, education, and housing. Extraordinary costs (like private school fees or special medical needs) might need separate agreements.

How do I apply for child support in Erfurt?

You may approach the Jugendamt for counseling or assistance in filing for child support. Alternatively, an application can be made through the local family court.

Is child support taxable income?

Child support payments are not considered taxable income for the receiving parent, nor tax-deductible for the paying parent.

Can international cases (with parents in different countries) be resolved in Erfurt?

Yes, the local authorities and courts can handle cases with international elements, often in cooperation with foreign agencies in accordance with international treaties.

Additional Resources

Several organizations and governmental bodies in Erfurt can help:

• Jugendamt der Stadt Erfurt (Youth Welfare Office): Offers advice, mediation, and help in calculating and enforcing claims.
• Local Family Courts (Familiengericht): Responsible for formal legal proceedings regarding child support.
• Anwaltskammer Thüringen (Bar Association): Can refer you to qualified family law attorneys in Erfurt.
• Caritas and Diakonie: Provide social counseling and sometimes legal advice for families.

Next Steps

If you need legal advice or representation regarding child support in Erfurt, consider the following actions:

1. Consult the Jugendamt: For initial information and assistance in non-contentious cases.
2. Seek a family lawyer: For complex or contested cases, or when out-of-court agreement is not possible.
3. Gather documentation: Prepare all relevant documents, such as proof of income, previous agreements, and information about the child's needs.
4. Contact the local family court: If you need to formally secure or enforce a support order.
5. Consider mediation: Involving neutral mediators can sometimes help reach an amicable solution.

Taking the right steps early can ensure your and your child’s rights are protected under German law.