Lawsuit against the family fund

It can happen that the family fund rejects an application for child benefit or child allowance. Then those concerned have the right to object or object within a period of four weeks. If the result is not different here, then only the complaint will help.

The competent court of the family fund is the finance court. The lawsuit is negotiated here and the process ends with a judgment or, ideally, a settlement.

However, it should be clear to everyone who agrees that this will not always be positive for the plaintiff. It should also be borne in mind that the procedure is chargeable. If you file a lawsuit against the family fund here, you should be pretty sure that you could be successful. In case of doubt, there is still the possibility to apply for legal aid. In any case, a lawyer should be consulted.

The finance court decides >

Financial courts are often used by citizens when it comes to tax law. As an administrative court, this institution also has other functions, including the decision on child benefit.

The reason for this is that the employment agency is a financial authority and the family fund is based here. So if you complain against a department of the employment agencies, you are always dealing with a financial authority.

Child benefit is also a tax benefit, so unfortunately the social court is no longer responsible for it.

The tax court works independently of all tax authorities and this also applies to the government. It is therefore neutral and cannot be seen as an extended arm of the state. This provision is very important for the population, since their lawsuits are directed against the state.

If you file a complaint about child benefit here, you don’t necessarily have to have a lawyer at your side. However, it is advisable for everyone to take good legal advice. There are some law firms that specialize in this and can recognize in advance whether the lawsuit is worthwhile at all.

The procedure against the family fund

Once the decision has been made to file a lawsuit, the lawyer will draft it. Here is why the complaint is made and how the injustice can be proven by the family fund.

A copy of the correspondence with the family fund is also attached to the letter. The tax court certifies receipt of the application by communicating the file number.

Then it asks the members of the family fund to explain why they decided to refuse child benefit payments. After an oral hearing at which both sides have to be heard, the verdict is usually given. This can be immediately afterwards or sent to the participants a few days later.

Anyone who is very sure of his lawsuit against the family fund will be successful, should apply for legal aid, as indicated above. However, this is only granted if the court also considers that there is a chance of success. The help depends on the applicant’s income and is decided individually. If someone pays the costs themselves, they have to pay an amount of around € 220 to the tax court when they file the suit.

The amount in dispute, according to which the authority’s costs are based, amounts to over € 1,000. If the value remains, the bills for the lawyer and other court costs must also be paid. The financial court will send a so-called cost determination decision after the completion of a procedure. It then emerges in which height the parties are asked to checkout.

Interesting instructional video on theme Court costs aid:

This article does not constitute legal advice. I cannot guarantee or guarantee the accuracy and completeness of the information provided. These descriptions are purely empirical values ​​and are based on my personal experiences and assessments. This article is just my own opinion!


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Christina Cherry
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