Best Child Support Lawyers in Lübeck

About Child Support Law in Lübeck, Germany

Child support (“Kindesunterhalt”) in Lübeck, Germany, is governed by national German family law, specifically the Bürgerliches Gesetzbuch (BGB – German Civil Code), but application and practical aspects fall under the oversight of local authorities, family courts, and youth welfare offices (“Jugendamt”). Child support is designed to ensure that a child’s material needs are met following the separation or divorce of the parents, or in cases where the parents were never married. The law obligates both parents to support their child according to their means, with payment by the non-custodial parent often determined by guidelines such as the “Düsseldorfer Tabelle.”

Why You May Need a Lawyer

There are several situations where seeking the advice or representation of a lawyer who specializes in family law and child support in Lübeck can be crucial:

• You are unsure how much child support you are entitled to receive or required to pay.
• The other parent refuses to pay, underpays, or disputes the amount owed.
• Your financial situation or that of the other parent changes substantially (job loss, change in income, new children, etc.).
• There are complexities involving international elements, such as parents or children living in different countries.
• You are facing enforcement issues or need help obtaining a court order for child support.
• There are questions about how adulthood, higher education, or special needs affect child support obligations.
• There is disagreement about paternity or the legal recognition of parenthood.

A lawyer can clarify your rights and obligations, help negotiate fair agreements, represent you in court, and assist with the enforcement of child support claims.

Local Laws Overview

In Lübeck, as in the rest of Germany, child support is primarily regulated by the national Civil Code. However, the details of administration and enforcement involve local family courts (“Familiengericht”) and the Jugendamt, which can step in to assess, help collect, or even make advance payments (“Unterhaltsvorschuss”) when the parent responsible does not pay.

• The amount of support is generally determined according to the Düsseldorfer Tabelle, a guideline adjusted regularly by German courts that considers the income of the paying parent and the number and age of the children.
• Both parents have an ongoing obligation, with the custodial parent typically considered to contribute by providing day-to-day care and the non-custodial parent paying financial support.
• Support usually continues until the child turns 18, and in some cases longer (for example, during education or studies, if the child is not able to support themselves).
• The Jugendamt can offer free consultation, mediate between parents, and assist in establishing, modifying, or enforcing payment.
• Failure to pay child support may lead to legal actions, wage garnishments, or even criminal charges in extreme cases.

Lübeck’s local authorities and courts apply these principles, but procedures (such as submission rules and contact points) may vary regionally.

Frequently Asked Questions

What is the Düsseldorf Table?

The Düsseldorfer Tabelle is a set of standardized guidelines used across Germany to determine the appropriate amount of child support based on the payer's net income and the number of children. It is regularly updated and serves as the basis for most calculations in Lübeck.

How can I apply for child support in Lübeck?

You can request support either directly via agreement with the other parent, through a written request made to the other parent, or with the assistance of the Jugendamt or a lawyer, who can help you formalize the claim and, if needed, take the matter to family court.

What if the other parent refuses to pay child support?

If voluntary payments are not forthcoming, you can seek support from the Jugendamt, which can mediate or issue an enforceable document (“Unterhaltstitel”). If necessary, you can file a claim at the Familiengericht. Enforcement actions may include wage garnishment or seizing assets.

How long must child support be paid in Germany?

Typically, child support continues until the child reaches 18. It may continue if the child is in vocational training, studying, or unable to support themselves due to health reasons.

Can the child support amount be changed?

Yes. If there is a significant change in circumstances (for example, a substantial change in the income of either parent, or the needs of the child change), you can apply to revise the amount.

What is the Jugendamt and what can it do for me?

The Jugendamt (Youth Welfare Office) in Lübeck provides free advice, can help mediate disputes, records support agreements as enforceable documents, and even provides advance payments to custodial parents in case of non-payment.

What if paternity is disputed?

If paternity is disputed, it may be necessary to establish it through legal procedures and, if necessary, genetic testing. The Jugendamt or a family lawyer can guide you through this process.

Do mothers always get custody and support?

No. Child support is determined by parental responsibility, not by gender. Both mothers and fathers can be custodial or non-custodial parents and can be required to pay or receive support.

What happens if the paying parent lives abroad?

If the parent responsible for support lives outside Germany, cross-border enforcement is possible, but additional legal processes may apply. International agreements (such as the Hague Convention) can facilitate enforcement with assistance from relevant authorities.

Is legal aid available for child support cases?

Yes. If you have a low income, you may be eligible for state-funded legal aid (“Verfahrenskostenhilfe” or “Beratungshilfe”), which partially or entirely covers costs for legal advice and court proceedings.

Additional Resources

• Jugendamt Lübeck: Offers free advice, mediation, help in establishing paternity/support claims, and enforcement support.
• Familiengericht Lübeck (Family Court): Handles legal proceedings relating to child support and custody.
• Beratungsstellen (Advice Centers): Provide independent family and legal advice, some specialized in children and families.
• Rechtsanwaltskammer Schleswig-Holstein: Can help find a qualified family law attorney in the Lübeck area.
• Bundesministerium für Familie, Senioren, Frauen und Jugend (BMFSFJ): Offers extensive information on child support laws and regulations.
• Online Resources: Government legal portals and local administration websites provide forms and further explanations.

Next Steps

If you need legal assistance regarding child support in Lübeck, begin by gathering all relevant documents (such as proof of income, birth certificates, prior agreements, and correspondence). Consider contacting the Jugendamt for free initial advice—they may be able to resolve your issue without legal proceedings. If a resolution is not possible, or the matter is complex, seek a family law attorney experienced in child support cases.

Legal consultations can provide clarity on your position, the likely support amounts, and the prospects of success in any dispute. If cost is a concern, inquire about legal aid (Beratungshilfe or Verfahrenskostenhilfe). For international cases, be prepared for extra steps and seek specialist legal advice.

Prompt action ensures your rights and those of your children are protected. Don’t hesitate to use official resources and professional assistance as needed.