Best Child Support Lawyers in Wittenberg

About Child Support Law in Wittenberg, Germany

Child support (Kindesunterhalt) in Wittenberg, as in all of Germany, is regulated by national laws but implemented locally by the responsible authorities. The purpose of child support is to ensure that children receive the financial support they need for their upbringing and education, regardless of the marital status of their parents. The parent who does not have primary custody is typically required to make regular payments, calculated based on income, to the parent with whom the child lives. The rules and calculations are generally guided by the “Düsseldorfer Tabelle,” a standard guideline used throughout Germany but applied in accordance with local court practices.

Why You May Need a Lawyer

While child support may appear straightforward, several circumstances can make legal advice beneficial or necessary. You may need a lawyer if:

• There is a dispute over the amount of child support owed or paid.
• One parent is not fulfilling their legal child support obligations.
• Your financial situation has changed (for example, due to loss of income or new family commitments) and you wish to adjust child support payments.
• You are unsure about your rights and obligations following a separation or divorce.
• International issues are involved (for example, one parent lives abroad).
• You are facing legal proceedings concerning child support in Wittenberg’s family court.

Local Laws Overview

Child support in Wittenberg is governed by national laws—the Bürgerliches Gesetzbuch (BGB – German Civil Code)—with local application handled through the Familiengericht (Family Court) at the Amtsgericht Wittenberg. Key aspects include:

• The use of the Düsseldorfer Tabelle as a guideline for calculating child support amounts, based on the income of the obligated parent and the child’s needs.
• Obligation for both parents to financially support the child, though the non-custodial parent often pays support directly, while the custodial parent fulfills their obligation mainly through daily care.
• Legal mechanisms to enforce child support payments if they are not paid voluntarily, including wage garnishment.
• Entitlement of adult children under certain conditions (e.g., while studying or in vocational training).
• The potential for advance child support (Unterhaltsvorschuss) from the local Youth Welfare Office (Jugendamt) if one parent does not pay support.
• The local Jugendamt acts as a mediator and advisor, and can also represent children in court in some situations.

Frequently Asked Questions

What is child support (Kindesunterhalt) and who is entitled to it?

Child support is financial assistance that a parent must provide for their child if they are not the primary caregiver. Every child in Germany is entitled to receive support from both parents, regardless of the parents’ marital status.

How is the amount of child support determined?

The amount is generally determined according to the Düsseldorfer Tabelle, which considers the income of the parent obligated to pay support and the age of the child. Special needs may also influence the amount.

What document or evidence do I need for a child support claim?

You typically need the child’s birth certificate, proof of custody arrangements, information on the income and expenses of both parents, and any existing agreements or court orders related to support.

What happens if the other parent refuses to pay child support?

If voluntary payments are not made, you may request enforcement through the court or seek support from the Jugendamt for Unterhaltsvorschuss (advance maintenance payment). The court can order wage garnishment or other enforcement measures.

Can child support be changed after it is set?

Yes. If there is a significant change in either parent’s income, family situation, or the child’s needs, either party can request a recalculation or modification of the existing arrangement.

Does shared custody affect child support obligations?

In cases of shared custody (Wechselmodell), both parents’ incomes and the care arrangement are considered; support obligations may then be adjusted, but both parents typically still contribute financially.

Does the parent who receives the support have to prove how the money is used?

Generally, the parent receiving child support does not have to account for how the money is used, as the payments are considered to help cover the general costs of the child’s upbringing.

Is child support still required if the parent is unemployed?

Yes, but the support amount may be adjusted according to the paying parent’s actual income and earning capacity. In some cases, courts may impute a minimum income based on what the parent could reasonably earn.

Until what age must child support be paid?

Support usually continues until the child turns 18, but it can be extended while the child is in education or training, including university, provided the child remains unmarried and is not self-supporting.

Where do I apply for Unterhaltsvorschuss if the other parent pays nothing?

You can apply for advance child support (Unterhaltsvorschuss) at the Jugendamt (Youth Welfare Office) in Wittenberg. This office can provide payments and attempt to recover support from the non-compliant parent.

Additional Resources

Several organizations can assist with child support matters in Wittenberg:

• Jugendamt (Youth Welfare Office) Wittenberg: Provides support, advice, mediation, and can initiate or enforce child support claims.
• Familiengericht (Family Court) at Amtsgericht Wittenberg: Handles legal disputes and the enforcement of child support obligations.
• Verbraucherzentrale Sachsen-Anhalt: Offers legal advice and information on family law and child support.
• Local family lawyers: Specialized legal counsel on all aspects of child support (Kindesunterhalt).
• Online child support calculators: Can give a first estimation of potential payments per the Düsseldorfer Tabelle.

Next Steps

If you believe you need legal advice or assistance with a child support matter in Wittenberg, consider these steps:

• Contact the Jugendamt in Wittenberg for initial guidance and possible mediation with the other parent.
• Gather all relevant documents, such as income statements, custody agreements, and prior correspondence.
• Consult with a local family lawyer, especially if the matter is complex or if you need to go to court.
• Consider seeking free or low-cost advice if you have limited resources; some organizations offer initial consultations at reduced rates.
• If urgent support is needed due to non-payment, inquire about Unterhaltsvorschuss at the Jugendamt.