Best Child Support Lawyers in Giessen

About Child Support Law in Giessen, Germany

Child support (Kindesunterhalt) in Giessen, as in the rest of Germany, is the financial responsibility of both parents to provide for their minor children after a separation or divorce. The aim is to ensure that the child maintains a standard of living similar to what they would have experienced had the parents remained together. German child support law is regulated nationally under the German Civil Code (Bürgerliches Gesetzbuch - BGB), but is enforced locally by courts and youth welfare offices in each region, including Giessen.

Why You May Need a Lawyer

Navigating child support matters can be complex, and there are several situations where legal advice is important. You may need a lawyer if:

• There are disputes about who should pay child support or how much should be paid.
• You are facing difficulties in determining the appropriate amount using the Düsseldorfer Tabelle (the child support guideline in Germany).
• The paying parent is refusing, unable, or has stopped making payments.
• You are concerned that the child's needs are not being sufficiently met due to financial constraints.
• You are dealing with international cases, where one parent lives outside Germany.
• You need to enforce a child support order in court or through local authorities.
• Your financial situation or that of your ex-partner has changed significantly.

A lawyer can help protect your rights, ensure the child’s welfare, and make certain the legal process is followed correctly.

Local Laws Overview

While child support laws are covered by national legislation in Germany, understanding how they apply locally in Giessen is important. Here are key legal aspects:

• Legal Framework: The basis for child support is § 1601 BGB, obliging both parents to provide child support. Usually, the parent living separately from the child pays financial support, while the custodial parent provides daily care.
• Düsseldorfer Tabelle: The amount of support is generally determined using the Düsseldorfer Tabelle, which takes into account the income of the paying parent and the age of the child.
• Youth Welfare Office (Jugendamt): In Giessen, the Jugendamt provides advisory and enforcement support, especially if one parent is not fulfilling their obligations.
• Self-support: The paying parent is entitled to a minimum amount for their own living expenses, known as Selbstbehalt, which is factored into calculations.
• Enforcement: If the paying parent falls behind, local authorities and courts can assist with enforcing child support orders, including wage garnishment.
• Adjustments: Child support can be adjusted when circumstances change-for example, a change in income or family size.

Frequently Asked Questions

How is the amount of child support determined in Giessen?

The amount is determined using the Düsseldorfer Tabelle, considering the net income of the paying parent and the age of the child. Deductions for necessary living expenses and other obligations are also factored in.

What if the paying parent lives outside of Germany?

International child support cases can be managed through cooperation agreements and regulations such as the Hague Convention. The Jugendamt or a lawyer can assist with cross-border enforcement.

Do both parents have to pay child support?

Both parents are financially responsible. However, the parent with whom the child primarily lives provides support through care, while the non-custodial parent usually pays monetary support.

Can the amount of child support be changed over time?

Yes, child support is adjustable if there are significant changes in circumstances, such as income changes, job loss, or new children to support.

What is the role of the Jugendamt in Giessen?

The Jugendamt offers advice, calculates children’s maintenance, and can help enforce payments if necessary. They also offer a legal aid service (Beistandschaft) for single parents.

What should I do if the other parent stops paying support?

Contact the Jugendamt or a lawyer as soon as possible. They can help with enforcement measures, including garnishing wages and initiating legal steps.

Can I get advance child support payment if the other parent cannot pay?

Yes, the state can provide an advance payment (Unterhaltsvorschuss) if the paying parent does not fulfill their obligations. You can apply for this at the Jugendamt.

At what age does child support end?

Child support is generally owed until the child turns 18. If the child is still in education or vocational training, support can continue up to age 25 in some cases.

How is income calculated for child support purposes?

Net income is used, which includes salary, benefits, bonuses, and certain deductions. Self-employed parents’ income is averaged over three years.

Is child support taxed?

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

Additional Resources

If you need information or support regarding child support in Giessen, consider these resources:

• Jugendamt Giessen: The local youth welfare office provides advice, calculations, and enforcement assistance.
• German Federal Ministry for Family Affairs: Offers guides and up-to-date information on child maintenance and laws.
• Family Court (Familiengericht) at the Amtsgericht Giessen: Handles child support lawsuits and enforcement procedures.
• Legal Aid Services (Rechtsantragstelle): Information on financial support for those unable to afford legal representation.
• Certified Lawyers in Giessen: Many local attorneys specialize in family and child support law.

Next Steps

If you require legal assistance regarding child support in Giessen, follow these steps:

1. Gather all relevant documents (income statements, previous court orders, child’s information, etc.).
2. Consult with the Jugendamt for an initial assessment or advice-they can help calculate entitlement and, in some cases, intervene on your behalf.
3. If the situation is complex, contact a certified lawyer in family law (Fachanwalt für Familienrecht) in Giessen for a professional consultation.
4. If legal action or enforcement is needed, be prepared to file with the local family court, and your lawyer will guide you through the process.
5. If affordability is an issue, inquire about legal aid (Prozesskostenhilfe or Beratungshilfe), which may help cover legal costs.
6. Keep records of all interactions and communications to facilitate your case.

Taking these steps will help you understand your rights and obligations and ensure the best interests of your child are protected under the law.