Father won't pay maintenance
Hi,
My 18 year old stepson lives in the UK, his father still resides in Germany and has refused to pay any maintenance yet he is still in education all be it home schooling online college, he is not able to support himself financially but where does he go to get help and a maintenance agreement as he can't speak to the welfare office as he's not living in Germany
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Reply (5)
Dear @AndyT
Thank you for your message!
I am sorry to hear about your stepson’s situation. Nevertheless, in Germany, parents still have a duty to pay maintenance for their children after they turn 18, as long as the child is in education and unable to financially support themselves.
In a, so-called, maintenance deed, which is an agreement between the custodial parents, the obligations & payment of maintenance for the child are notarized. This can be applied for at the responsible youth welfare office or at a notary in Germany. Please note that a notary will charge money for that agreement and the youth welfare office won’t! If no agreement can be reached on a maintenance deed, the youth welfare office will help you to claim maintenance directly from the father with the help of a guardian. The guardian also provides advice if it goes to court, but is not a legal advisor. You can find more information on maintenance deed on our website.
Even if your stepson lives in the UK, it is possible to contact the relevant youth welfare office and ask for support. Where did your stepson last live in Germany? Alternatively, you can also contact the youth welfare office in the father’s place of residence. If you tell me the city, I can help you find it.
That's very kind thank you, it should be luebeck, however the welfare office there only deals with migrant issues, I've contacted them already and they were pretty useless,so I contacted the office in Hamburg and have yet to receive a response. We've also read what you kindly wrote so I'm glad we are on the same thought 😊
Dear @AndyT
I just had the chance to speak with both the youth welfare office and the responsible maintenance department. Unfortunately, since your stepson is living in the UK, they are not responsible for his case, even though his father still lives in Germany. As they represent children, the child must reside in Germany for them to take over the case. She recommended getting in touch with a lawyer in the UK to learn more about English law and your stepson’s rights while living abroad. I’m sorry I don’t have better news for now.
I wish you and your stepson all the best and hope he receives what he deserves. If you need any further support, please don’t hesitate to reach out.
Hello,
Thank you for contacting the welfare office, that's very kind, we have gone via the UK department which can instate a claim and will pass on to the German courts but since he has stopped paying for his 18 year old and ignores the information sent about his further education he has also refused to increase the amount he should have been paying for his 15 year old, he's always paid way less than the Dusseldorf table details and has stated that he won't pay anything more until the courts decide because allegedly they told him that but won't prove it. Can he legally refuse to pay the correct amount and can we report him to the German police btw he is a police officer
Dear @AndyT
I am sorry to hear about the situation. Please note that we cannot give legal advice. As you say, according to the law, maintenance is usually determined using the Düsseldorf table, which is based on the parent's income. If the maintenance that he pays is significantly lower than the table, this must be reviewed or determined by the family court. If the amount of maintenance has not been fixed anywhere, for example in a maintenance deed, then that would be the next step. Since there can't reach an agreement, your stepson will certainly need legal assistance so that he can accompany you through the process and your stepson knows his rights.
The fact that the father is a policeman should not change the fact that he must fulfill his duties as a parent and pay maintenance accordingly. As we are unfortunately unable to help you legally, you should consult a lawyer who is familiar with international family law and can help with this.
Does the 15-year-old child live in Germany or in the UK? In case s:he is in Germany, maybe I can help to get in touch with the responsible youth welfare office in Germany.