Benefits entitlement
Hello,
I’m from the US and my partner is German, we are not married. We have 2 young children.
The relationship between my partner and I has broken down but he refuses to move out. I have been a stay at home mom since we moved here and financially dependent on my partner. He is very much aware of this and tells me that state benefits would not even cover my rent. I’ve researched this and it appears to be correct. My partner is currently unemployed but has a great deal of assets (cash and property), is he legally obligated to provide myself and the kids with financial support due to his assets, even though he has no income?
We had agreed to move to the US but at the last minute he said he had changed his mind. I’m now in a position where I am incredibly financially disadvantaged, I was looking to re-enter the workforce in the US, where I would have the greatest number of opportunities and be able to earn enough to support my children. I do not speak German and my earning potential is much less here. I feel like I am being held hostage.
Hi, I am so sorry that this is happening to you, let me try to support you somehow with advice. Note that I am not an expert, just a volunteer. As far as I know, in Germany, even if you are not married, the father of your children has a legal obligation to support them financially (Kinderunterhalt - Child Maintenance).
Contact a Familiengericht or a Jugendamt (Youth Welfare Office) in your area. The Jugendamt can help you establish child support claims for free, and they often mediate between parents. You can benefit from anonymous and cost-free advice from the Parents' Hotline. The staff will listen to your concerns and difficulties and will try to help you work out a solution. More info here Parenting.
As for support for yourself: You can apply for Sozialleistungen (benefits) like Bürgergeld if your own resources are insufficient. The Jobcenter will then look at whether the father is providing adequate support. Seek legal aid (Beratungshilfe or Prozesskostenhilfe), which is available if you cannot afford a lawyer, so you can still go to the family court.
You are not without rights here, and your children’s financial support is protected under German law, regardless of your relationship status.
Stay safe
Anna