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Procedure descriptions
Maintenance for adult children - apply in court
Parents' maintenance obligation for their children begins with the birth of the child.
In principle, it continues for life as long as
- the child is in need and
- the parents are able to pay.
The maintenance obligation is not tied to specific age limits.
Above all, parents are obliged to pay maintenance to their children until they have completed appropriate vocational training.
If your parents do not fulfil this obligation, you can file a corresponding application against them in court.
Responsible authority
the family court (local court)
Local jurisdiction is based on the habitual residence of the parent liable for maintenance.
In court maintenance proceedings, you must be represented by a lawyer.
Your lawyer will advise you on a case-by-case basis which court has jurisdiction for your maintenance application.
Details
Prerequisite
Ask a lawyer for advice on whether a maintenance claim can be made against your parents in your specific life situation.
Note: Other relatives in the direct line, such as grandparents, may also be liable to pay maintenance to you.
Procedure
Firstly, find out about the details and consequences of maintenance proceedings.
Seek advice from a lawyer.
If you cannot afford the costs of the advice, you can apply for counselling assistance at the legal application office of the local court.
Out-of-court settlement
As a first step, the advising lawyer will try to reach an out-of-court settlement between you and your parents.
He or she will therefore ask your parents to provide information about their income.
Once this has been done, the parents or the parent liable for maintenance will receive a request for payment.
Court proceedings
If the out-of-court settlement fails, you must apply to the court through a solicitor to have maintenance determined.
The court will first set a conciliation hearing. All parties involved will have the opportunity to present their arguments at this hearing. The purpose of the conciliation hearing is to reach an agreement (settlement).
If no agreement is reached, the court will declare the conciliation hearing a failure.
The factual and legal situation is discussed in an early first hearing (usually) immediately following this.
If it is necessary to take evidence, the court usually schedules a further hearing. Throughout the proceedings, the court endeavours to reach an agreement between the parties involved.
At the end of the proceedings, the court makes a decision on the maintenance obligation.
At the end of the proceedings, the court also decides who has to pay the costs of the proceedings.
Deadlines
Please seek legal advice in individual cases.
Required documents
none
Costs
- Court fees depending on the value of the proceedings:
As a rule, twelve times the value of the monthly maintenance amount claimed plus any additional maintenance arrears claimed - Lawyer's fees depending on the value of the matter (corresponds to the value of the proceedings)
Note: If you cannot afford the costs of the proceedings, you are initially entitled to an advance on legal costs from your parents. This can also be enforced by a temporary court order.
Subordinate to this, i.e. in the event that the advance on costs cannot be realised, you can apply to the court for legal aid.
Miscellaneous
none
Legal basis
Bürgerliches Gesetzbuch (BGB):
- §§ 1601 - 1615 Unterhaltspflicht
- §§ 231 - 245 Besondere Verfahrensvorschriften
- § 246 Besondere Vorschriften für die einstweilige Anordnung
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 28.06.2024
