Claiming child support in a faster, simpler court process

Maintenance for a minor child of separated - married or unmarried - parents can be claimed by the maintenance obligor at the family court in a regular (contentious) or also in a simplified maintenance procedure. The simplified procedure must be applied for using a form. It can lead to an enforcement order (maintenance determination order) more quickly and cost-effectively than contentious maintenance proceedings.

You can ask staff at the Youth Welfare Office or a lawyer for advice on whether this form of procedure is suitable in your case.

Requirements

Prerequisites for the simplified procedure of alimony determination are:

• The maintenance in question is
  
  • for a minor child or
  • for an adult child for the past period of minority.
• No court has already ruled on the child support claim or no judicial child support proceedings have yet been initiated with the court.
• There is not yet an enforceable maintenance title (e.g. a Jugendamt certificate).
• The requested maintenance for the child is not higher than 1.2 times the minimum maintenance.

You are entitled to assert the claim for maintenance as a

• custodial parent with whom the minor child lives, or
• person or entity legally representing the child.

What documents do I need?

• For the applicant(s):
  
  • The form "Antrag auf Festsetzung von Unterhalt nach § 249 FamFG (Vereinfachtes Verfahren)" - available at the youth welfare office or at any local court.
  • A statement of income and financial circumstances of the child and parents (if known).
  • Any proofs and supporting documents about the income situation.
• For the Respondent(s):
  
  • Objection form - available from the district court.
  • Corresponding evidence and supporting documents.