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About Child Support Law in Riesa, Germany

Child support (Kindesunterhalt) in Riesa, Germany, is governed by German federal law, primarily the Civil Code (Bürgerliches Gesetzbuch, BGB). These regulations are implemented at the local level and ensure that children receive appropriate financial support from both parents after a separation or divorce, regardless of marital status. The law mandates that both parents are responsible for covering the child's needs—housing, food, education, and health. Child support obligations are calculated to maintain the child’s standard of living and well-being.

Why You May Need a Lawyer

While some parents manage child support amicably, there are many situations where legal advice is helpful or necessary. Common scenarios include:

  • Disputes over the amount of child support to be paid or received.
  • Challenges in enforcing payment if the obligated parent is not paying.
  • Complex situations involving self-employment, foreign income, or significant asset ownership.
  • Questions about modifying support arrangements after life changes, such as job loss or a new relationship.
  • Understanding rights and obligations if one parent moves away from Riesa or out of Germany.
  • Assistance in cases where paternity is contested or legal guardianship arrangements need clarification.

Securing a lawyer ensures your and your child’s interests are respected, deadlines are observed, and fair procedures are followed throughout.

Local Laws Overview

Key regulations regarding child support in Riesa reflect broader German legal principles:

  • Calculation of Support: The Düsseldorf Table (Düsseldorfer Tabelle) is the main guideline used for determining payment amounts, factoring in the paying parent’s income, number of children, and age of the children.
  • Both Parents’ Responsibility: The parent with whom the child does not live typically pays cash maintenance (Barunterhalt), while the other parent provides maintenance through daily care (Naturalunterhalt).
  • Public Support Services: The local Youth Welfare Office (Jugendamt) provides advisory and mediation services and can help enforce support claims if necessary.
  • Enforcement: If payments are missed, legal steps can be taken to enforce the obligation, including wage garnishment and, in rare cases, criminal prosecution.
  • Adjustments: Child support amounts can be reviewed and adjusted upon request if financial circumstances change significantly.
  • Duration: Support is typically paid until the child reaches the age of 18, or longer if they are still in education or vocational training.

Frequently Asked Questions

What is child support and who is required to pay it?

Child support (Kindesunterhalt) is financial support paid by the non-custodial parent to help cover a child’s living expenses. Both parents are generally responsible, but only the one not providing daily care usually makes direct payments.

How is the amount of child support determined?

The amount is based primarily on the Düsseldorf Table, considering the paying parent's net income, number of children, and their ages. The table is applied uniformly throughout Germany, including Riesa.

What should I do if the other parent refuses to pay?

You can request assistance from the Jugendamt, which can help enforce child support. If necessary, a court order may be sought, and enforcement measures can be taken.

Does child support continue if the parent moves away or abroad?

Yes, the legal obligation remains, even if the parent lives outside Riesa or Germany. Enforcement across borders can be more complex but is possible through legal channels.

Can child support be changed after it is agreed upon or ordered?

Yes, if there are significant changes in circumstances (e.g., income, needs of the child), either parent can request a review and adjustment of the support amount.

What if there is disagreement about paternity?

Legal procedures exist to establish paternity; until this is resolved, child support may be delayed. However, once paternity is confirmed, back payments may become due.

Is child support paid directly to the child?

Generally, payments are made to the custodial parent or legal guardian responsible for the child's care, not to the child directly.

What happens if my income is too low to pay the required child support?

The law provides for a self-retention amount (Selbstbehalt), ensuring the obligated parent retains enough to cover essential needs, but very low-income parents may be subject to minimum support rates.

Does the new partner or spouse influence support obligations?

No, new partners or spouses are not responsible for a child’s maintenance. Only the biological or legal parent has a legal obligation.

Can the Jugendamt help me fill out paperwork or represent me in court?

The Jugendamt offers advisory and mediation services, helps with paperwork, and can represent children’s interests in some cases, but does not provide full legal representation in court; for this, you will need a qualified lawyer.

Additional Resources

  • Jugendamt Riesa: Local Youth Welfare Office offering free advice, mediation, and assistance with enforcing child support claims.
  • Family Court (Familiengericht) Riesa: Handles formal child support orders and disputes.
  • Legal Aid Services (Beratungshilfe): Available for individuals with limited financial means.
  • German Child Protection Association (Deutscher Kinderschutzbund): Provides information and support for families and children facing difficult circumstances.
  • Local Law Firms: Qualified family law attorneys specializing in child support matters.

Next Steps

If you need legal advice or help regarding child support in Riesa, consider the following steps:

  1. Gather Documentation: Collect relevant documents such as income statements, custody agreements, and any previous court orders or correspondence related to child support.
  2. Contact the Jugendamt: For initial advice, mediation, and help with procedures, visit or contact the Riesa Jugendamt.
  3. Consult a Family Law Attorney: For detailed legal advice, representation, or if disputes cannot be resolved amicably, schedule a meeting with a local lawyer specializing in family law.
  4. Consider Legal Aid: If you have financial constraints, inquire about Beratungshilfe (legal aid) to ensure you get the assistance you need.
  5. Stay Proactive: Child support matters can impact your child's well-being—address concerns early and keep communication open with the other parent where possible.

Seeking proper guidance ensures that your rights and the best interests of your child are protected throughout the process.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.