Best Child Support Lawyers in Passau

About Child Support Law in Passau, Germany

Child support (Unterhalt) in Passau, Germany, refers to the financial support provided by one parent to the other for the care and upbringing of their child or children following a separation or divorce. German law ensures that children have the right to financial maintenance from both parents, regardless of custody arrangements. These laws are designed to protect the child's welfare and ensure an appropriate standard of living, taking into consideration the parents' incomes and the child's needs.

Why You May Need a Lawyer

While many parents can reach amicable agreements regarding child support, there are several situations where legal assistance may be necessary. Common scenarios include disputes over the amount of support owed, disagreements about parental income or ability to pay, difficulties enforcing payments, and complex financial circumstances such as self-employment or international elements. In some cases, parents may need help modifying existing arrangements due to changes in income, employment, or the child's needs. Consulting a lawyer can ensure your rights and the child's best interests are protected throughout the process.

Local Laws Overview

Child support in Passau, and throughout Germany, is governed mainly by the German Civil Code (Bürgerliches Gesetzbuch - BGB) and related administrative guidelines. The primary principles include:

• Duty of Maintenance: Both parents must contribute to child support according to their means, even if they are not married to each other.
• Calculation: The amount of child support is typically determined using the "Düsseldorfer Tabelle," a standardized reference for calculating payment amounts based on parental income and number of dependents.
• Enforcement: If the obligated parent fails to pay, the other parent can seek court enforcement or assistance from the local Youth Welfare Office (Jugendamt).
• Adjustment: Child support amounts can be reviewed and adjusted when there is a substantial change in financial or personal circumstances.
• Coverage: Child support covers the child's daily living expenses such as food, clothing, housing, and education costs.

Frequently Asked Questions

What is the Düsseldorfer Tabelle?

The Düsseldorfer Tabelle is a guideline used to calculate child support payments in Germany. It takes into account the income of the non-custodial parent and the number of children, providing standard amounts for different situations.

Who is obligated to pay child support in Passau?

Generally, the parent who does not have sole or majority custody must pay child support to the custodial parent or guardian. Both biological parents are equally responsible for providing for the child's needs.

How is the amount of child support determined?

The amount is based on the non-custodial parent's income, the number of children supported, and the children’s ages. The Düsseldorfer Tabelle is the primary tool used, but individual circumstances may be considered by the court.

Does child support change if my financial circumstances change?

Yes. If there is a significant change in income for either parent or changes in the needs of the child or children, you can apply for a modification of the child support order.

How long must child support be paid in Passau?

Child support typically continues until the child reaches the age of 18. If the child is still in education or vocational training after this age and is not self-supporting, support may continue.

What can I do if the other parent refuses to pay child support?

You can seek assistance from the Jugendamt (Youth Welfare Office), which can help enforce payments. Court proceedings may also compel the parent to pay.

Can the Jugendamt (Youth Welfare Office) help with child support?

Yes. The Jugendamt offers free advice and support, helps establish paternity, calculates support amounts, and can assist in enforcing unpaid support.

What if the paying parent lives outside Germany?

International child support cases can be complex. The Jugendamt and German courts can assist in enforcing child support orders abroad, depending on treaties and cooperation with the other country.

Is spousal maintenance separate from child support?

Yes. Child support is strictly for the child's needs, while spousal maintenance (Ehegattenunterhalt) is a separate financial obligation between former spouses or partners.

Can we make our own agreement without going to court?

Yes. Parents can make private agreements regarding child support. To be legally binding, it is recommended to have the agreement notarized or officially registered with the Jugendamt.

Additional Resources

Several organizations and governmental bodies in Passau and throughout Germany provide assistance and information related to child support:

• Jugendamt (Youth Welfare Office) Passau - offers advice, calculates child support, and helps enforce payments
• Local Family Courts (Familiengericht) - handle legal disputes and enforce child support orders
• Lawyers Specializing in Family Law - provide personalized legal advice and representation
• German Federal Ministry of Justice - publishes consumer information and legal guidelines

Next Steps

If you need legal assistance regarding child support in Passau, consider the following steps:

• Contact the Jugendamt for initial advice and support, especially if you need help with calculations or enforcement
• Gather all relevant financial documents, such as income statements, expenses, and previous agreements
• Consult with a lawyer specializing in family law if you anticipate disputes or complex financial matters
• If an agreement cannot be reached, prepare to apply to the local family court for a formal decision