In Germany, there is an increased responsibility of parents regarding the payment of alimony for minor children.
The editorial office of the newspaper “MK-Compatriot” received a question from a reader of the column “I have the right”: – I live in Germany with my eldest son from my first marriage. The second child from his second marriage, by court order, remained with his father. The child is 5 years old. I pay child support to my daughter – 125 euros per month. My ex-husband filed for an increase in alimony to 360 euros. Since I am raising my son alone, I work 20 hours. I receive 800 euros and additionally – assistance from the state. Can it be taken into account that I receive child support and maintenance for my eldest son? After paying the money for the apartment, I have less than the living wage. I don’t understand why pay 360 euros if I don’t have enough myself? While I am learning the language, I cannot increase the hours at work. Is it true that the state will pay for me, and then I will have to return the payments? The allowance for the second child is fully received by the ex-husband.
Anna F., Bonn.
─ Dear Anna!
In the described situation, it is difficult for the father of the child to count on an increase in maintenance for the child. On the other hand, there is an increased responsibility of parents regarding the payment of alimony for minor children. This is where the so-called last shirt principle comes into play. That is, you must do absolutely everything necessary to ensure that the child is able to pay at least the minimum maintenance provided for by law.
Therefore, the family court may, when calculating, charge you with fictitious income that you could receive if you tried. This takes into account all the circumstances of the case – education, the need to look after children and others. Therefore, your lawyer must present to the court all the circumstances for denying the request for an increase in maintenance.
On the other hand, if the court considers that you are unable to pay higher maintenance, then the maintenance payer (Jugendamt, Job Center) will not be able to claim compensation from you for the payments made.
Advocate Maksim BRITAN,
Specialist lawyer for family law / specialist lawyer for migration law,
Law Office Fabrika Law
Britanow & Dr. Hirsch
Tel .: +49 (0) 69 26 49 22420
www.lawfactory-frankfurt.de
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