Best Child Support Lawyers in Oldenburg

About Child Support Law in Oldenburg, Germany

Child support, known in German as "Kindesunterhalt," is the legal obligation to provide financial support for a child’s needs when parents separate or do not live together. In Oldenburg, as in all parts of Germany, the laws governing child support ensure that children receive appropriate care and financial security, regardless of the relationship or marital status of their parents. The legal framework is primarily based on the German Civil Code (Bürgerliches Gesetzbuch - BGB) and is uniformly applied throughout Germany, but local family courts (“Familiengerichte”) in Oldenburg handle specific cases and enforcement.

Why You May Need a Lawyer

Although some aspects of child support can be resolved amicably or through local Jugendämter (Youth Welfare Offices), many situations require legal advice or representation. You may need a lawyer if:

• There are disagreements about the amount or payment of child support.
• You are unsure of your rights or obligations.
• The other parent refuses to pay or disputes paternity.
• You need to enforce a support order or defend against enforcement actions.
• Your financial circumstances or those of your ex-partner have changed.
• You seek an official calculation or want to modify an existing support arrangement.
• International aspects are involved, such as one parent living abroad.

Local Laws Overview

Child support laws in Oldenburg follow national German regulations, with local courts implementing the law. Key points include:

• The amount of child support is typically based on the Düsseldorfer Tabelle, a standardized guideline used throughout Germany. This considers the paying parent's income and the number/age of children.
• Both parents are responsible for financial support, but generally, the parent not primarily caring for the child pays maintenance to the primary caregiver.
• Young adults (up to age 21 under certain conditions) may also be entitled to child support if still in school or vocational training.
• Oldenburg’s Jugendamt provides advisory and mediation services, and can assist in creating official support agreements.
• Formal support claims must usually be established through the family court if there is no agreement.
• Non-payment can result in wage garnishment, penalties, or criminal prosecution.

Frequently Asked Questions

What is the Düsseldorfer Tabelle?

The Düsseldorfer Tabelle is an official guideline used across Germany to determine appropriate child support amounts based on the non-custodial parent’s net income and the number and age of children. It is updated regularly and used by courts and the Jugendamt in Oldenburg.

How is child support calculated if the paying parent has new children or a new family?

The support obligation for additional children is taken into consideration by reducing the available income for support calculations, ensuring all dependents are fairly supported.

What if the paying parent is unemployed?

Unemployment does not automatically end the obligation to pay child support. The court may calculate what the parent could earn (“fiktives Einkommen”) and expect payment accordingly. It’s important to notify the court or Jugendamt of genuine changes in income.

How do I enforce a child support order in Oldenburg?

If voluntary payments are not made, you can apply to the family court for enforcement (Zwangsvollstreckung) or seek assistance from the Jugendamt. This may include wage garnishment or seizure of assets.

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

Yes. If there has been a significant change in financial circumstances for either parent or if the child’s situation changes (e.g., starting vocational training), you may request a new calculation or court review.

What is "Beistandschaft" from the Jugendamt?

"Beistandschaft" is a form of legal support where the Jugendamt can represent the child’s interests in paternity and child support matters. This service is free and does not require the involvement of a lawyer, but may not be sufficient for complex cases.

What if one parent moves abroad?

International cases can complicate child support. Germany participates in international agreements for enforcement. The Jugendamt and specialized lawyers can assist when one parent resides outside Germany.

How long do child support obligations last?

Typically, child support is paid until the child turns 18. Support can continue if the child remains in education or vocational training, usually up to the age of 21, provided the child lives at home and is not married.

Can I receive social benefits if the other parent doesn’t pay?

If you are not receiving the due support, you may apply for advance child support payments (“Unterhaltsvorschuss”) from the Jugendamt, which will pursue reimbursement from the obligated parent.

Do step-parents have an obligation to pay child support?

No, only biological or adoptive parents are legally required to pay child support. Step-parents do not have this obligation.

Additional Resources

For people in Oldenburg needing further help with child support, the following resources are valuable:

• Jugendamt Oldenburg: Provides free advice, mediation, and Beistandschaft for child support and paternity issues.
• Familienkasse: Handles child benefit (Kindergeld) matters, separate from child support but relevant for families.
• Local Attorneys: Many lawyers in Oldenburg specialize in family and child support law and can offer individual legal advice.
• Family Court (Familiengericht): The court responsible for formal child support orders and enforcement.
• Legal Aid Office (Beratungs- und Prozesskostenhilfe): Assists in obtaining financial help for legal representation if you have limited income.

Next Steps

If you need assistance with child support in Oldenburg:

1. Start by gathering all relevant documents, such as proof of income, existing agreements, and official correspondence.
2. Consider contacting the Jugendamt for free advice or to apply for Beistandschaft.
3. If you are unable to reach an agreement or need specialized support, consult a local family law attorney for personalized legal advice.
4. For enforcement or if the other parent fails to pay, consider applying to the family court for a formal order.
5. If you cannot afford legal costs, inquire about eligibility for legal aid.

Taking early and informed action can ensure your child receives the support they are entitled to under German law. Don’t hesitate to seek professional help if you are unsure or face challenges navigating the process.