Anyone (father or mother) looking after a child who comes from an illegitimate relationship is entitled to maintenance from another parent. In the following, the information refers to the maintenance of the illegitimate mother for the sake of simplicity, but it also applies to the child carer.
Prerequisite for the maintenance claim
- The child’s father must have recognized paternity in accordance with § 1592 No. 2 BGB or
- The paternity has been legally established, § 1600d paragraph 1 and 2 BGB.
- It is sufficient for the Saarbrücken Higher Regional Court if the child’s father does not dispute his fatherhood.
Start of maintenance claim
- The maintenance claim usually arises 6 weeks before the birth of the child.
- The maintenance claim begins 4 months before the birth of the child, if the child’s mother is unable to work due to your pregnancy or because of an illness caused by pregnancy or childbirth.
Amount and calculation of maintenance
The amount of maintenance is determined by the mother’s life position before pregnancy (basic maintenance at least € 800). The mother is to be supported by the person liable for maintenance in the amount that she would be without the birth of the child:
E.g.: The child’s mother had no income of her own before pregnancy. Your need is now € 880 (note D II. Of the Düsseldorf table, as of 01.01.2018).
E.g.: If the mother was employed before the birth of the child and does not work again after the end of maternity protection, the child’s maintenance needs are determined according to their net income.
E.g.: Child mother earned 900 € net before pregnancy. Your maintenance needs are now € 900.
|M has a monthly net income of||€ 2,300|
|ms Mrs F1 looks after a two-year-old child K1|
From an extramarital relationship, M has a child K2 with F2; F2 worked before the birth, her earnings were
After giving birth, she is no longer employed.
F1 has a proportional maintenance claim against M of (755 x 562: 1,762 =)
F2 has a proportional maintenance claim against M of (1,200 x 562: 1,762 =)
Added maintenance payments from M to F1 and F2
Dependency of the dependents
The child’s own income, such as interest or rental income, reduces the need. Social and insurance benefits (maternity allowance, health insurance benefits, etc.) are also to be offset against the need. Own earnings are only counted towards your needs, because they shouldn’t have to work due to the care of their child (= extra-mandatory activity, § 1577 II BGB analog)
E.g.: The child’s mother earned € 1,200 before pregnancy; after giving birth, she only works half-day for € 700. Your need is € 900. Only half of your earned income will be counted towards your needs, because you shouldn’t have to work due to the care of your child (= extra-mandatory activity, § 1577 II BGB analog): 900 – (700: 2) = 550, – € can be used as a residual requirement from the maintenance debtor.
However, the illegitimate child’s claim to maintenance is limited by the fact that the maintenance cannot be higher than if she were married to the child’s father. Therefore, the illegitimate mother’s claim to maintenance for a working child father is 3/7 of his disposable income, see the calculation example above.
Efficiency of the maintenance debtor
The person obliged to pay is efficient if, taking into account his obligations (other maintenance payments, debts, etc.) and while maintaining his appropriate deductible, he can pay for the child’s mother. Further information can be found under Post-marital maintenance performance.
Scope of the maintenance claim
In addition to child support, the dependent child mother is also entitled to reimbursement of pregnancy and childbirth costs. This also includes the costs for pregnancy clothing, preventive examinations, pregnancy gymnastics, midwives, medical and hospital costs and household help, unless these are primarily reimbursed by health insurance.
There is also a claim for special needs, E.g.: Baby carriage, baby equipment
If, for example, the dependent mother receives maintenance payments from your husband or divorced husband and at the same time has a right to childcare against the father of her illegitimate child, the mother’s maintenance needs are calculated proportionately by the two dependents in accordance with the respective income situation.
Backward childcare maintenance
According to a decision by the OLG Schleswig (03.09.2013, 12 UF 11/03), maintenance can be applied retrospectively in accordance with § 1613 I BGB year be requested, even without notice of default.
The right to maintenance from parents does not automatically end at the age of 18, provided that children have not yet completed vocational training….
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