Hello,
Does anyone know if a parent can stop paying child maintenance whilst a deed of maintenance is going through the court process. Up until now he has been paying a voluntary amount which is below the Dusseldorf table so the mother has applied for an official agreement to be put in place, allegedly he has been told he doesn't have to pay until such time as it's been sorted in court, is this true?
Thank you, we now believe he has sent the money to the justice office as per their letter but only on the 1st February as he was told not to pay her direct but we have no official confirmation of this or idea when they will now pay her, does anyone know how long it takes for the justice dept to pass on the monies? Surely the money should be with the parent within 3 working days of the new month
Dear @AndyT this sounds like a progress! I am happy to hear!
Nevertheless, I assume that this varies from authority to authority in terms of processing time. Unfortunately, we have no experience with this so far.
Perhaps someone in our community has been in a similar situation and can share their experiences.
Hello @AndyT , thank you for your new question!
I’m sorry to hear that no solution has been found yet. Please note that unfortunately, we cannot give any legal advice.
In Germany, parents are obligated to pay child support - even if a court process regarding the matter is ongoing. As you already mentioned, child support should be based on the Düsseldorf Table, which can be used as a guideline. The parents income and the age of the child are taken into account for the calculation of the maintenance.
If the parent stops making payments or pays less than the agreed amount, the single parent can apply for child maintenance advance (Unterhaltsvorschuss). This is a government benefit for children of single parents who receive no or irregular child support payments from the other parent.
If the child lives in Germany, the Youth Welfare Office can provide further support. Alternatively, there is ProFamilia. They also offer legal advice but charge 20€. If there is already legal representation involved due to the ongoing process, they will likely be able to answer further questions in more detail as well.
I’m sorry that I cannot offer legal assistance or share experience. However, perhaps someone from our community has gone through a similar situation and can share their experience.
Please let me know if you have any further questions!