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Free Guide to Hiring a Family Lawyer
Child support in Kitzingen follows German federal family law. The basic idea is simple - both parents must ensure that their child is financially provided for. If the child mostly lives with one parent, that parent usually covers day-to-day care, and the other parent pays cash child support. Amounts are guided by national rules and tables and are applied locally by the Youth Welfare Office in Kitzingen and the family court.
The most commonly used reference for monthly amounts is the Duesseldorfer Tabelle. It is not a statute but a widely accepted guideline used by courts and lawyers across Germany, including in Bavaria. The figures are updated regularly to reflect living costs and changes to the statutory minimum support.
Local public agencies can help you establish child support quickly, even without going to court. If you cannot reach an agreement, the family court can issue an enforceable order. If support is not paid, there are state measures to secure or advance payments for the child and to enforce the obligation.
Many families resolve child support informally with help from the Youth Welfare Office. A lawyer becomes especially helpful in more complex situations, such as the following:
- You disagree about the amount of support or what counts as income.
- The paying parent is self-employed, has irregular earnings, or has income from multiple sources.
- There are additional or special costs for the child, for example daycare, medical needs, school trips, or tutoring.
- You need to establish paternity or you want support to be backdated after a formal request.
- You need to change an existing title because income or the child’s situation has changed.
- The other parent lives abroad and you need cross-border enforcement.
- You face enforcement measures or criminal allegations for non-payment and need defense or negotiation support.
- Legal basis - Child support is governed by the German Civil Code sections on family maintenance. Local courts and authorities in Kitzingen apply these federal rules.
- Amounts - The Duesseldorfer Tabelle is used to estimate monthly support based on the payer’s adjusted net income and the child’s age. The statutory minimum is set by law and the table is updated regularly.
- Income assessment - Support is based on adjusted net income, which may consider wages, bonuses, self-employment profits, rental income, and certain deductions like social security and reasonable job-related expenses. Each case is fact specific.
- Kindergeld credit - Child benefit is usually credited against the support amount. For minors living with one parent, half of the child benefit is typically deducted from the table amount. For adult children in education, the full benefit is usually considered.
- Priority - Child support has priority over spousal support when income is limited.
- Titles - An enforceable title can be created voluntarily at the Youth Welfare Office or issued by the family court. A notarized deed or a Jugendamt deed can be enforced like a judgment.
- Enforcement - If support is not paid, enforcement can include wage garnishment, bank seizure, and asset disclosure. Arrears generally expire after three years if not secured by a title, but a titled claim can be enforced for many years.
- Advance payments - If the paying parent does not pay, the Underhaltsvorschuss office at the Youth Welfare Office can provide advance child support up to age 18 if conditions are met, then seek reimbursement from the debtor.
- Majority and education - After age 18, both parents contribute based on their incomes. Support often continues during school or first vocational training or degree if pursued with diligence.
- Procedure in Kitzingen - The Landratsamt Kitzingen - Youth Welfare Office assists with counseling, paternity acknowledgment, setting up a support deed, and enforcement support. The family division of the local district court handles contested cases and orders.
Authorities and courts use the Duesseldorfer Tabelle as a guideline. The payer’s adjusted net income is determined, the child’s age group is identified, and the basic amount is taken from the table. Child benefit is credited, and the result may be adjusted for shared care, special needs, or unusual circumstances.
It is a nationally used guideline that lists typical monthly child support amounts by income bracket and child age. It also includes guidance on self-support allowances and proportional sharing of additional expenses. It is updated periodically, and local courts in Bavaria generally follow it.
Income includes wages, bonuses, overtime that is regular, self-employment profits, rental and investment income, and certain benefits. From this, allowable deductions are subtracted to reach adjusted net income. The exact calculation depends on documents like payslips, tax returns, and profit statements.
For minor children living mainly with one parent, half of the child benefit is usually deducted from the table amount owed by the other parent. For adult children in education who live away from home, the full child benefit is generally counted toward their needs.
There is no fixed age cutoff if the child still needs support. For most minors, support continues until adulthood. For adult children, support may continue during school, first vocational training, or a first degree pursued without undue delay. Each case is evaluated individually.
You can ask the Youth Welfare Office in Kitzingen to help enforce an existing title or to create a new enforceable deed if the other parent agrees. If not, the family court can issue an order. You may also apply for advance maintenance payments through the Underhaltsvorschuss program if you meet the requirements.
You can sign an enforceable deed at the Youth Welfare Office at no cost. If you cannot agree, apply to the family court for an order. If your situation changes significantly, you can request a modification by agreement at the Youth Welfare Office or through a court application.
Support can usually be claimed from the time the debtor is formally asked to pay or provide income information. Written requests and Jugendamt involvement can put the debtor in default. A lawyer can help ensure proper notice and documentation.
If the paying parent provides extensive regular care and bears significant costs, support may be adjusted. True shared care can change the calculation entirely, with each parent contributing in proportion to income. The details depend on the actual care schedule and expenses.
International rules apply if a parent lives abroad. Within the EU, child support orders can often be recognized and enforced across borders. In Germany, the Federal Office of Justice acts as the central authority for international cooperation. A lawyer experienced in international family law is very helpful.
- Landratsamt Kitzingen - Jugendamt - Beistandschaft, counseling, enforceable support deeds, Underhaltsvorschuss.
- Amtsgericht Kitzingen - Familiengericht - court orders, enforcement, and legal aid applications.
- Familienkasse of the Federal Employment Agency - Kindergeld and related questions.
- Rechtsanwaltskammer Bamberg - lawyer referral and professional information for the region that includes Kitzingen.
- Caritas and Diakonie counseling services in the region - family and debt counseling that can support maintenance cases.
- Pro Familia regional office - counseling on family separation, parenting plans, and child-related costs.
- Federal Office of Justice - central authority for international maintenance matters.
- Gather documents - recent payslips, last tax return with attachments, proof of childcare and health costs, school or training proof, child’s birth certificate, paternity acknowledgment, any existing support title, and a simple summary of parenting time.
- Speak with the Youth Welfare Office in Kitzingen - ask about Beistandschaft, creating an enforceable deed, Underhaltsvorschuss eligibility, and help with income disclosure requests.
- Consider a lawyer early - this is especially useful if there is disagreement about income, self-employment, special needs, or cross-border issues. Ask the lawyer for an initial assessment of likely support under the current Duesseldorfer Tabelle.
- Secure a title - if agreement is possible, sign a Jugendamt deed. If not, file at the family court to obtain an order. A title is important for enforcement and to stop limitation from running.
- Review regularly - request updated income information every two years or sooner if circumstances change. Adjust support promptly to avoid arrears or underpayment.
- Ask about legal aid - you may qualify for Beratungshilfe for out-of-court advice and Prozesskostenhilfe for court proceedings if your income is limited.
- Keep communication child focused - document agreements in writing, keep receipts for child-related costs, and update each other about important changes. Mediation or counseling can help prevent disputes and protect the child’s interests.
This guide provides general information for Kitzingen. Because every family is different, consider getting tailored advice from a qualified family lawyer or the Youth Welfare Office before making decisions.
