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Free Guide to Hiring a Family Lawyer
Child support in Kitzingen follows German federal law that applies across all of Germany. The goal is to ensure that children are financially provided for after parents separate or when they live in different households. The parent who does not primarily care for the child generally pays cash support. The amount is usually based on nationwide guidelines called the Duesseldorfer Tabelle and on the paying parent’s net income. The local Youth Welfare Office in the district of Kitzingen, called the Jugendamt, can assist with information, voluntary agreements, and creating an enforceable deed. Courts become involved when parents cannot agree, when income is disputed, or when enforcement is needed.
Although the rules are national, local practice matters. In Kitzingen, the family court responsible for the child is the Amtsgericht - Familiengericht at the child’s residence. The Jugendamt at the Landratsamt Kitzingen provides free support services, including advising the caregiving parent, preparing an enforceable child support deed, and facilitating paternity establishment where needed. If a parent does not pay, the state can provide temporary advance maintenance in some cases, and child support can be enforced through wage garnishment and other measures.
Many families resolve child support with help from the Jugendamt. However, a lawyer can be crucial in situations where the facts or law are complex or contested. Common reasons to seek legal help include calculating support when income is variable or disputed, dealing with self-employed or international income, addressing changes in circumstances that justify increasing or decreasing support, and enforcing or defending against enforcement of arrears.
Other common triggers include establishing paternity, preparing or reviewing a settlement to ensure it is fair and enforceable, handling cases with significant childcare costs or special needs, navigating shared care or alternating residence arrangements, and addressing cross-border collection when a parent lives outside Germany. A lawyer also advises on strategy, evidence, and deadlines, and can represent you before the family court if negotiations fail.
Legal basis. Child support obligations are set out mainly in the German Civil Code, particularly sections 1601 and following of the BGB. These rules apply in Kitzingen as part of federal law. Procedures in family matters are governed by the FamFG. While federal law controls, regional courts publish guidelines to coordinate practice. In Bavaria, the higher regional courts issue Leitlinien that align with the Duesseldorfer Tabelle and offer clarification for local courts.
How amounts are set. The Duesseldorfer Tabelle is the nationwide benchmark for child support. It organizes support by the paying parent’s income bracket and the child’s age. The Minimum Maintenance under section 1612a BGB is adjusted annually, and the table is usually updated each January. Courts consider the payer’s reasonable self-retention to secure a basic living, which is also updated from time to time. The child benefit, called Kindergeld, is factored into the calculation by crediting a share against the payer’s obligation.
Care time and special expenses. Parenting time does not eliminate support. In a classic model where one parent provides day-to-day care and the other has contact, the non-resident parent pays table support. In an alternating residence model with approximately equal care, both parents share costs proportionally to income, and the table is adjusted. Necessary extra costs, called Mehrbedarf and Sonderbedarf, such as portions of childcare fees or unusual medical expenses, can be added if proven and reasonable.
Titles and enforcement. Support is due monthly in advance. An enforceable title can be created through a court order, a Jugendamt deed, or a notarized agreement. If payment stops, enforcement measures include wage garnishment, attachment of bank accounts, and disclosure orders. With an enforceable title, claims generally have a long limitation period. Without a title, most support claims become time-barred after three years counted from the end of the year in which they became due.
Public assistance. If the paying parent does not pay at all or not enough, the child may receive temporary advance maintenance called Unterhaltsvorschuss from the Unterhaltsvorschusskasse. The authority then seeks reimbursement from the liable parent. This is processed locally through the Jugendamt. Kindergeld is administered by the Familienkasse and must be considered in child support calculations.
Courts and Jugendamt staff use the Duesseldorfer Tabelle as a starting point. They assess the paying parent’s average net income, consider the number of dependents, the child’s age group, and credit a portion of Kindergeld. The result may be adjusted for special needs or for significant care arrangements.
Income usually includes salary after taxes and social contributions, bonuses, overtime if recurring, self-employment profit, rental income, interest, company benefits of monetary value, and sometimes tax refunds. Necessary work-related expenses and certain debts can be considered. Self-employed parents normally provide profit statements and tax returns across a representative period, often three years.
Kindergeld is allocated to the child’s maintenance. Typically, half of the Kindergeld is credited against the cash obligation of the non-resident parent. The caregiving parent receives the Kindergeld but the credit reduces the other parent’s payment under the table.
If parenting time is roughly equal in an alternating residence model, both parents cover the child’s needs according to their incomes, not merely their time. The table amount may be converted into a proportional model. If contact is less than roughly equal, standard table support usually still applies, though significant increased costs of contact can sometimes be considered.
The law protects a basic self-retention so the payer can meet essential living costs. If the calculated amount would fall below that level, support can be reduced to preserve the self-retention. However, the payer must make reasonable efforts to earn sufficient income, and income can be imputed if underemployment is voluntary.
Yes. If income changes, childcare costs arise or end, a child enters a new age bracket, or the Duesseldorfer Tabelle or minimum maintenance is updated, either parent can seek an adjustment. Adjustments are usually effective from the month after the other parent is informed and provided with evidence.
You can arrange a free Jugendamt deed at the Landratsamt Kitzingen if the payer agrees. If not, you can apply to the family court for a support order. Notaries can also record enforceable agreements. A title allows direct enforcement if payments stop.
Mehrbedarf means foreseeable ongoing extra needs such as a share of daycare fees or health insurance portions. Sonderbedarf means unexpected one-off high expenses like urgent medical costs. These can be shared between parents, usually in proportion to income, in addition to the table amount.
There is a duty to provide complete, documented income information. If a parent refuses, the court can order disclosure, estimate income, or impute higher earnings. Non-disclosure can lead to cost consequences and enforcement steps.
Support typically continues until the child can support themselves. This usually includes completion of general schooling and initial vocational training or first degree, provided the child is pursuing it diligently. For adult children, different rules apply on who pays and how much, and the child may have to request support directly.
Landratsamt Kitzingen - Jugendamt. The Youth Welfare Office advises on child support, prepares enforceable deeds, assists with paternity matters, and administers Unterhaltsvorschuss. Contact the Jugendamt at the district administration of Kitzingen.
Familienkasse. The Family Benefits Office handles Kindergeld. Statements from the Familienkasse are often needed for calculations.
Local Family Court. The Amtsgericht - Familiengericht at the child’s residence is competent for court applications on child support, paternity, and enforcement.
Rechtsanwaltskammer in the region. The regional Bar Association can help you find specialized family law lawyers for Kitzingen and surrounding areas.
Caritas, Diakonie, and other counseling services. Local counseling centers can provide low-threshold advice and help with documents for maintenance, benefit applications, and legal aid.
Official guidelines. The Duesseldorfer Tabelle and the Bavarian higher regional courts’ Leitlinien are the practical reference for amounts and principles. These are updated regularly and used by courts and Jugendamt staff.
Gather documents. Collect recent payslips, your latest tax assessment, proof of other income, childcare or health insurance costs for the child, and confirmation of Kindergeld. If you are self-employed, assemble profit and loss statements and tax returns for recent years.
Contact the Jugendamt. Ask for an appointment to discuss child support, prepare a voluntary agreement, or create an enforceable deed. The Jugendamt can also help with Unterhaltsvorschuss if the payer is not paying.
Seek legal advice. If there is disagreement about income, amounts, arrears, or special expenses, or if shared care or cross-border issues apply, consult a family law lawyer. Bring all relevant documents and any prior agreements or court orders.
Consider legal aid. If you have low income, ask about Beratungshilfe for out-of-court advice and Verfahrenskostenhilfe or Prozesskostenhilfe for court proceedings. The Jugendamt or a lawyer can explain eligibility and application steps.
Communicate and document. Notify the other parent promptly of any changes that affect support. Confirm requests and disclosures in writing and keep records of payments and correspondence. Early, clear communication can avoid disputes and protect your rights.
Act early on changes. The Duesseldorfer Tabelle and minimum maintenance are typically updated annually. If your income or the child’s needs change, seek an adjustment without delay, as retroactive changes are limited unless the other parent is put on notice.
