The family court of the Munich District Court is located at Pacellistraße 5 and can be reached as follows:
The court can be reached with
Tram line 19 — Lenbachplatz stop, approx. 3 minutes on foot,
U 4/U 5 bus stop Karlsplatz — Stachus in approx. 5 minutes on foot,
S-Bahn stop Karlsplatz — Stachus in approx. 8 minutes on foot.
From Stachus, please walk down the Old Town Ring towards Odeonsplatz; just behind the BMW Pavilion, Pacellistraße crosses, into which you turn; the court is then on the right hand side.
There are several, often occupied, paid parking spaces in front of the district court; there are several parking garages in the immediate vicinity.
With an amendment, a maintenance certificate (judgment or settlement) is adjusted to a later change. This means that the amount of alimony to be paid is increased or reduced. The prerequisite is that the circumstances on which the title was based have changed significantly.
If this is the case, both the maintenance creditor (the dependent) and the maintenance debtor (the maintenance debtor) may request a subsequent amendment to the judgment or settlement.
A significant change in circumstances is, for example, an increase or decrease in the income of the dependent or maintenance obligation, the aging of the dependent child, so that it is included in a new group in the Düsseldorf table the remarriage the birth of new children the admission or Extension of a dependent's employment.
Less commonly, the following reasons also entitle the amendment if there is a change in supreme court case law if there is a change in the legal situation after the corresponding maintenance judgment has become final. An action for amendment is admissible if these circumstances lead to an increase or decrease in maintenance of at least 10%.
The initial assets are required to calculate the gain compensation. First, the gain of each spouse is calculated. For this purpose, the initial assets are deducted from the final assets. Since the family law reform, negative initial assets are also possible.
Information is a systematic summary of all information that the person entitled needs to calculate the claim. Claims for information exist primarily in maintenance law and for the determination of the gain. In addition to the right to information, there is also a claim for documentation. The claim to supporting documents serves the sole purpose of being able to verify the accuracy of the information.
The request for information also has another function. On receipt of the request, the maintenance debtor is in default. From this point on, the maintenance debtor can therefore be required to pay maintenance for the past. Example: The maintenance debtor is asked to provide information on 15/06. The information will be provided on 20.07.
On 25/07, the lawyer calculates that the maintenance amounts to 2,500 euros and sends a corresponding request, which the maintenance debtor receives on 27.07. Maintenance can then be claimed not only from 01.08 but from 01.06.
On 01.08, 7,500, - € can therefore be claimed, which consists of arrears of 5,000, - € (maintenance for June and July) and ongoing maintenance of 2,500, - € (for August).
After the divorce, the spouses are no longer responsible for each other to the same extent as they were during the marriage. If there are post-marital maintenance claims, this so-called personal responsibility has the effect that the amount of the post-marital maintenance claim can also be limited in time. The amount and time at which post-marital support can be limited depends on the circumstances of the individual case. In this analysis of your individual case, professional disadvantages due to child-rearing and housekeeping during marriage play an important role.
Due to the double burden on the caring parent, especially when caring for young children, in addition to reimbursing care costs in individual cases, a care bonus, which has an increasing effect on spousal support, is also considered.
Care costs are costs that are spent caring for children. In particular, expenses for crèches, kindergartens, daycare, additional caregivers and additional catering costs fall under the term care costs.
In recent case law, the costs of caring for children are no longer regarded as a lump sum requirement of the child. Insofar as care serves the development of the child, as is the case with kindergarten costs, for example, there is a need for the child.
If the child is cared for in order to enable the caring parent to work, which will regularly be the case with maintenance costs, this is, on the other hand, work-related expenses of the caring parent.
Based on this classification, reimbursement of care costs can only be claimed if there is a spousal maintenance claim.
By the term BGB, the lawyer means the “Civil Code”. If you want to read up sections of the law, you can find the law free of charge on the Internet, for example over here
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The Düsseldorf table is an instrument developed by the German Higher Regional Courts to determine the amount of child (the requirement) of children with separated parents.
In addition, the Düsseldorf table is the minimum that a person liable for maintenance must remain (so-called deductible).
The latest Düsseldorfer Tebele can be found here.
Enforceable documents (judgments, court settlements or youth welfare titles, etc.) can either state a payment amount for your child or amount to dynamized child support. With dynamization, child support is always up to date Düsseldorf table on. In addition, if the age limits in the Düsseldorf table are exceeded, no amendment to the title is necessary. These adjustments are achieved by wording in the title such as “136% of the minimum maintenance of the respective age group.”
Spousal splitting refers to the tax savings that arise from applying the splitting table to the income of both spouses. These tax savings, also known as joint assessment, require the spouses to have lived together for at least one day in the calendar year.
The division of the family court established at the district court is initially responsible for the divorce. Local responsibility is in accordance with Section 122 FamFG the family court in which the spouse and the common children have their habitual residence. Insofar as there are no common children, the family court where the spouses had their last habitual place of residence.
Through a marriage contract, which must be notarized, spouses can make regulations for their marriage or for the period after the separation which regulate their property regime. Either a division of property or a modified community of gains is often chosen. If no regulation is made, the marriage is automatically subject to the legal property regime of the community of gains. You can find out more about marriage contracts and divorce consequences agreements here.
What happens to the married home after the separation?
Even after the separation, both spouses have the right to remain in the married home. This applies even if one of the spouses is the owner or sole tenant of the married home. If no agreement can be reached on whether to remain in the married home, it is possible to have the married home assigned to a spouse by the court.
In this allocation process, the best interests of the child and property relations play a role in particular.
If violence has occurred, a decision can also be made on the provisional allocation of the married home in a violence protection procedure.
apartment for rent
If you have rented an apartment together as a couple, consists Action required after a partner has moved out. It is true that the person remaining in the apartment is obliged to pay the rent for the apartment alone after moving out. However, both tenants remain liable in their relationship with the landlord even after moving out. This liability risk is usually not wanted after a separation. If you are married, the law therefore provides for the option of transferring the rental agreement to the spouse remaining in the home even without the consent of the landlord. Unfortunately, the options given by law are more limited for unmarried people. If an agreement cannot be reached with the landlord, the only option is often to terminate the apartment.
Condominium/house
Even in the case of a condominium shared or owned only by one spouse, it is possible that the married home of one of the spouses for sole use is assigned. However, the issues that need clarification for such an allocation are more complex here. On the one hand, when allocating a condominium, a rent is set by the judge, which is already specified for the apartment for rent. Secondly, when influencing the judicial assessment of whether an assignment should be made, there are significantly more options for reaching a decision you want.
If the spouses have purchased a property for joint ownership, this joint ownership remains the same even as a result of the divorce. This usually does not make sense, so that it should be clarified out of court whether one of the spouses can take over the home or whether it should be sold together. If this is not possible, the law provides for foreclosure auction as the only means of resolving joint ownership. An application for the implementation of such enforcement proceedings may be filed by any of the co-owners.
Through a marriage contract, which must be notarized, spouses can make regulations for their marriage or for the period after the separation which regulate their property regime. Either a division of property or a modified community of gains is often chosen. If no regulation is made, the marriage is automatically subject to the legal property regime of the community of gains. You can find out more about marriage contracts and divorce consequences agreements here.
In family law, the income of the spouses is required primarily to resolve existing maintenance claims. Income is defined as anything that a spouse receives in money or monetary benefits. Voluntary contributions from third parties are excluded. The concept of income therefore includes in particular the seven types of income from tax law: income from agriculture and forestry, income from commercial enterprises, income from self-employment, income from non-self-employment, income from letting and leasing, income from capital assets and other income in accordance with Section 22 EStG.
The interim injunction procedure is an urgent procedure. No evidence is taken in this urgent procedure. In maintenance matters, for example, the purpose of the procedure is to obtain rapid provisional settlement. The accuracy of the result of such preliminary injunctive proceedings can then be verified in main proceedings using all evidence available in the main proceedings
Almost every second marriage in Munich is now divorced. If the spouses are already arguing about the divorce requirements, there is a contested divorce. If, as is usually the case, the spouses do not agree on the consequences of the divorce (so-called subsequent matters such as maintenance gain handling and custody), there is a “normal” divorce. In the case of an amicable divorce, both spouses manage to agree on the consequences of the divorce within the framework of an agreement. This agreement usually saves money and time. Even though the amicable divorce certainly means less time and emotional burden for the spouses, a “forced” settlement does not always make sense because it sometimes conceals simmering problems that are later disputed all the more intensively. As everywhere in life, it is therefore important to find the balance that is right for your case.
Straightforward relatives owe each other in accordance with. Sections 1601 et seq. of the German Civil Code alimony.
This means that not only do parents owe maintenance to their children, but the maintenance relationship also applies the other way around, namely children also owe support to their parents. The parental support claim usually arises when the parents go to Nursing home or nursing home come and their pension is not enough to cover the costs. This maintenance claim is then pursued primarily by the districts, which pay in advance for home costs via social assistance.
Parental support is subject to the principle that the child subject to maintenance should be able to retain their living position. The maintenance claim is therefore significantly weaker than the maintenance claim of children against their parents. However, based on the calculation method, both maintenance claims are calculated in the same way.
However, the child subject to maintenance obligations is granted a significantly higher allowance, for example. Income above the allowance must only be used in half, etc.
Whether and how much maintenance must be paid depends on the income situation of the persons involved — maintenance creditors and maintenance debtors.
As a rule, the maintenance owed is calculated on the basis of the actual income earned.
Deviating from the income actually earned, further (theoretically achievable) income, so-called fictitious income, may be attributed to both the maintenance creditor and the maintenance debtor.
The attribution of such fictitious income presupposes that a maintenance obligation is breached. In particular when a party does not or does not fully comply with his obligation of decent employment, case law works with fictitious income. The prerequisite for fictitious income is always that such income can be achieved at all by the person liable to earn in accordance with the situation of the labour market and education, age and curriculum vitae. (Questions about which you can usually argue excellently in individual cases).
Name of the date from which the creditor can demand from the debtor that his claim (e.g. monetary claim from an invoice) be paid. The due date should not be confused with the date of delay.
By the term FamFG, the lawyer means the “Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction.” With the Code of Civil Procedure, to which reference is frequently made, the law regulates the rules of procedure before the family court, i.e. “technical” questions about the course of the proceedings. If you want to read up on paragraphs, you can find the law on the Internet, for example here.
A parentage procedure may be required if the husband/father is uncertain whether he is the real father of the child or because it is positively known that the man is not the father of a child.
Parentage proceedings include procedures for establishing paternity and contesting paternity. The aims of the proceedings are either to safely exclude a man from paternity and to have him identified as a father.
There is also a newly introduced preliminary stage, which can be clarified without legal effects whether it is a biological child. If necessary, the court can force the parties involved to submit a blood sample for a DNA report.
Folgesachen sind Familiensachen, die anlässlich des Scheidungsverfahrens mitverhandelt und mitentschieden werden. Abzugrenzen sind Folgesachen von sogenannten isolierten Verfahren, die vom Gericht unabhängig vom Scheidungsverfahren (also ohne prozessuale Verbindung) behandelt werden. Während bei einer Folgesache das Verfahren immer erst mit der Scheidung abgeschlossen wird, kann ein isoliertes Verfahren sowohl vor als auch nach der Scheidung abgeschlossen werden.
Als Folgesachen kommen gem. § 137 FamFG hauptsächlich ein nacheheliches Unterhaltsverfahren, die Klärung des Umgangs- und Sorgerechts, der Zugewinn, der Versorgungsausgleich, die Rechtsverhältnisse an der Ehewohnung und ein Hausratsverfahren in Betracht. Die Behandlung einer klärungsbedürftigen Frage als Folgesache hat einige Vorteile, wie die Reduzierung der Anwalts- und Gerichtsgebühren, aber auch einige Nachteile, etwa das Hinauszögern der Scheidung und die Rechtskraft erst mit Scheidung. Ob ein Verfahren als Folgesache geführt wird, hängt deshalb meist von taktischen Überlegungen ab.
Was in Ihrem Fall die richtige Behandlung ist, klären wir gerne mit Ihnen in einem persönlichen Gespräch.
During the marriage, we do business together. Most spouses therefore also have joint current accounts. What was right during the marriage often leads to disagreements with the separation. They should therefore ensure that their salary no longer flows into the joint current account and that it is best to revoke existing bank powers vis-à-vis the bank.
If there have been “overwithdrawals” by your spouse, the money can be claimed back.
The fact whether spouses live apart has an influence on the one hand on the date from which the marriage can be divorced and, on the other hand, on recourse claims in the course of the settlement of assets. If the spouses no longer live together in the married home, the separation is easy to determine. If both spouses still live together in the married home despite a separation, it is important for the spouses to operate separately, similar to a residential community.
If a married couple lives apart for less than one year, a divorce is only possible if the continuation of the marriage would represent an unreasonable hardship for the claimant for reasons relating to the person of the other spouse, so-called hardship divorce.
This is particularly the case if there has been violence against the spouse or the children.Note: An application for a hardship decision should be carefully considered. In most cases, such an application must be discussed in detail and the reasons for the hardship must be proven. My impression is that many judges avoid such taking of evidence by delaying divorce proceedings until the end of the separation year.
Household items are those items that were purchased together during the marriage for housekeeping purposes. Household contents must be differentiated from the personal belongings of the spouses. As a rule of thumb, all those objects that have been brought into the marriage, gifts and objects for professional use, are personal belongings and are therefore also the personal property of the spouse. All other items are household items. If possible, the household contents should be dealt with by the spouses alone by dividing the real estate. If this is not possible in exceptional cases, we will try to help you with various techniques to find an appropriate solution. If that is also not possible, the family court can help. It is important to know that such proceedings are usually carried out only extremely reluctantly by the courts.
A few examples:
The term debt collection comes from business administration and stands for debt collection of any kind. It primarily describes collection of due monetary claims from defaulting debtors.
If your marriage has a binational connection or was concluded abroad, it must always be examined on a case-by-case basis which law applies to your marriage and which regulations therefore apply to your marriage. You can also find more detailed information here.
The employees of the Youth Welfare Office have the legal mandate to take care of the child's best interests. One of the tasks of the Youth Welfare Office is therefore to help you with all questions relating to your children.
In addition, the Youth Welfare Office also has a watchdog function. If the employees of the Youth Welfare Office regard the best interests of the child as endangered, the Youth Welfare Office will usually first try to help by offering help. As a last resort, the Youth Welfare Office can also deprive you of your child if it regards the best interests of the child as very endangered. Of course, such a drastic measure can then be reviewed in court. The burdens of parents in measures taken by the Youth Welfare Office often result in dispute. In most cases, it has proven helpful in such a dispute that parents are accompanied by lawyers to important discussions. This ensures that standards are met and that the rights of parents (and possibly also children) are respected.
It is an internationally outlawed process that is countered with the repatriation of the child. Such a repatriation of the child must always be urgent, since as soon as the child has settled into the new environment, many states refuse to return the child for reasons of the best interests of the child.
A child develops best when their basic physical, emotional, mental and social needs are adequately met and their rights are respected.
Action based on the best interests of the child respects the basic needs and fundamental rights of children and, when there are several options for action, chooses the alternative that benefits the child the most or at least harms him the least.
For positive development, many studies identify the following important needs of the child:
With the divorce, the option of family insurance comes to an end. The divorced spouse, who did not previously have health insurance himself, must seek his own health insurance within 3 months of the divorce becoming final.
In the context of family law, life insurance is primarily associated with gains and pension compensation. If life insurance is aimed at a monthly pension payment, it always falls into pension compensation. A distinction can only be made between so-called capital life insurance policies. Capital life insurance, which is managed by a certified pension company, is covered by pension compensation, and other life insurance policies are covered by gains compensation.
The amount of maintenance depends, on the one hand, on the need of the dependent and, on the other hand, on the performance of the maintenance debtor.
Capacity therefore means that the person liable for maintenance must retain at least the deductible from his own income. Insofar as the excess that the maintenance debtor may use to cover his own living needs is no longer maintained, the maintenance claim is reduced or completely waived.
The BGB formulates this in Section 1603 BGB as follows: Anyone who, taking into account his other obligations, is unable to provide maintenance without jeopardizing his reasonable maintenance.
A reminder is the creditor's clear request to the Shuldner to provide the service owed (i.e. usually payment). It is recommended to include in the reminder a reasonable period by which the service must be provided at the latest.
At the latest after expiry of this period, the debtor is actually in default and must bear the further costs of the delay (interest and attorney's fees, etc.).
One speaks of a shortage when the person liable for maintenance does not have enough money available to meet all maintenance payments. In recent years, case law and legislators have drawn up many guidelines to resolve such a shortcoming. Due to the complexity and scope, a more detailed overview cannot be given here.
However, as a guideline, as soon as there are minor children, the person liable for maintenance must have at least 900 EUR to live on (after deduction of maintenance obligations) (so-called deductible). If there are no minor children, at least 1,100 euros must remain to live.
The previous name can be accepted again when the divorce becomes final. This change cannot be clarified in court, but is made to the registry office by filing a corresponding application.
The orientation phase is the transitional period that your child is granted with child support before they have to make a final decision about their further professional career.
The legal costs advance is a part of the statutory maintenance claim which grants a claim for payment of legal costs by way of an advance. The most important requirement for the claim is that the claimant spouse is in need and that the advance payment is reasonable for the other spouse on the basis of his income. If the right to an advance on legal costs can be enforced in a timely manner, it has priority over support from the state treasury (legal aid).
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Children experience couple conflicts, which cannot be avoided. But how your children deal with the separation and whether they are even torn between the fronts depends largely on the behavior of their parents. Your most important resolution should be to focus on the well-being of children in all decisions. This also includes keeping the children out of the couple conflicts and neither insulting the other parent in front of the child nor insulting the other.
If you manage to keep your children as untroubled as possible with both parents, you will have gained a lot as parents and will be able to deal with each other in a relaxed way in the future. However, the Youth Welfare Office will also help you achieve your goals.
The length of divorce proceedings depends on whether the spouses agree on the consequences of the divorce. If this is the case, only the pension settlement must be determined by the court, which usually takes between 4 — 6 months. If pension settlement is not carried out due to a short marriage or other reasons, a conclusion can be expected within 2 — 3 months.
Agreements on the consequences of divorce are contracts with which a settlement is made on the consequences of divorce.
The consequences of divorce include:
Agreements on the consequences of divorce are usually recorded in the divorce date.
Even after the divorce, the married name is retained. If one of the spouses wishes to resume their former name, this can be done with a corresponding declaration at the competent registry office.
If you or your spouse have family insurance under statutory health insurance, the family insurance continues until the divorce becomes final. The insurance coverage then ends. The defaulting spouse can apply for voluntary continued insurance in order to maintain their health insurance coverage. There is a cut-off period of three months (from the date the divorce becomes final) for this application.
At the latest when the divorce becomes final, the tax bracket will also change to tax class 1.
Under certain circumstances, the maintenance debtor may be able to deduct his maintenance payments from his tax as exceptional charges. This process is called limited real splitting.
The inheritance law of the spouses ends with the filing of a (successful) divorce application.
In divorce proceedings, the court usually first clarifies all subsequent cases. Only when all applications filed in divorce proceedings concerning the subsequent legal cases are ready for a decision will the court set a divorce date.
On the divorce date, the court usually first clarifies your identity and nationality by presenting an identity document. The court must then satisfy itself that the marriage has failed and therefore hearses both spouses on the duration of the separation and the intention to restore the marriage. Once these “formalities” have been clarified, the divorce decree is usually announced at the divorce date.
What should be clarified during divorce proceedings?
Divorce proceedings initially only clarify whether the marriage can be divorced. In addition, the court must ex officio carry out pension compensation (i.e. the settlement of pension rights acquired during the marriage). On request, maintenance, custody, handling, gain, legal relationships in the married home and the distribution of household contents can also be resolved by the court as so-called sequential matter (Section 137 FamFG).
The term as a sequential matter means that the marriage may not normally be divorced without the dispute over all subsequent cases not being resolved by a court decision. All subsequent cases can of course also be resolved by the family court without a link to divorce proceedings, then as so-called isolated proceedings.
In divorce proceedings, it is advisable for anyone who is entitled to maintenance, insofar as there are any maintenance claims at all, to have them settled as a subsequent matter. Without a link to divorce proceedings, it may otherwise be that the post-marital maintenance has not yet been decided after the final divorce and therefore maintenance cannot be recovered in the short term if payment is discontinued.
Liabilities play a role both in calculating maintenance and in the settlement of assets. Roughly, it can be said that private debts incurred during the marriage must also be borne in half by both spouses. This distribution of debts can either be carried out through maintenance law taking into account the debt repayment or both spouses pay off the debt in half. In the event of over-indebtedness, it may be necessary in individual cases to free oneself from debts through personal bankruptcy.
The deductible is what a person liable for maintenance must in any case have left of his income. If, after deduction of maintenance, the debtor has less of his income than the deductible, the maintenance is retained until the deductible is maintained, must be reduced accordingly. This case, in which maintenance is reduced to maintain the deductible, is known as a deficiency.
Depending on the amount of maintenance to be paid, the amount of the deductible also changes. The current deductible rates are set out in the Düsseldorf table published.
Special requirement is a maintenance claim that goes beyond “normal” maintenance. When it comes to child support, the most common case of special needs is kindergarten and nursery costs.
Custody refers to the opportunity to make important decisions for the lives of the common children. Custody must be separated from everyday decisions that anyone with whom the child is currently staying can make. A distinction can be made roughly using the rule of thumb that all decisions that are easy to repeal are decisions of everyday life — all decisions that are difficult or impossible to change are decisions of considerable importance and can therefore only be made by the custody holder.
If they were married, they also have joint parental custody as spouses, which usually remains even after a divorce. However, a transfer of custody to just one parent is possible/necessary if there are recurring disagreements between the parents that have a negative effect on your child.
If you were not married and your mother did not consent to joint parental custody, there is no possibility of obtaining joint custody under the current legal situation. However, the legislator was obliged by the European Court of Human Rights to amend the existing law. Because legislators still have broad leeway, it is currently unclear what the legislative amendment will look like.
If the parents of a child are not married at birth, the mother alone has custody. The father is still standing today without the mother's consent (even after the decision of the European Court of Human Rights (ECHR) no opportunity to obtain joint custody. If the parents consider issuing joint custody declarations, the parents should be aware of the consequences of this.
For example, once the joint custody declaration has been submitted, it is easier for custody disputes to be decided in favour of the father. Although we are in favour of filing a joint custody declaration, both parents should find out about the consequences. We are happy to do this as part of an initial consultation.
The cut-off date is the date on which the respondent receives the divorce application from the court. The cut-off date is relevant for calculating the gain compensation claim and pension compensation.
Almost every second marriage in Munich is now divorced. If the spouses do not agree on the consequences of the divorce (so-called subsequent matters such as maintenance gains and custody), there is a contested divorce. In the case of an amicable divorce, both spouses manage to agree on the consequences of the divorce within the framework of an agreement. This agreement usually saves money and time. Even though the amicable divorce certainly means less time and emotional burden for the spouses, a “forced” settlement does not always make sense because it sometimes conceals simmering problems that are later disputed all the more intensively. As everywhere in life, it is therefore important to find the right balance that is right for your case.
The stage action is a legally regulated case of combining two claims in civil proceedings. The first claim pursued with the lawsuit serves to be able to pursue the second claim at all. In family law, the stage action primarily occurs in maintenance and gain disputes.
The first stage of the action is then regularly aimed at providing information denied out of court. In the second stage, the actual payment amount (maintenance or gain) is then required, the amount of which can only be calculated after the information has been provided.
The SüdL (Maintenance Law Guidelines of Family Senates in Southern Germany) is a summary of the maintenance aspects to be taken into account by the Southern German Higher Regional Courts. The latest SüdL can be found here.
Repayments of old or joint debts must always be taken into account in maintenance law. New debts (i.e. in connection with or after the separation) are only to be taken into account in the maintenance calculation if they are reasonable, which is always the case, for example, when purchasing necessary household contents after moving out. In the event of over-indebtedness, it may be necessary in individual cases to free oneself from debts through personal bankruptcy.
Lawyers describe the year after the separation of the spouses as the separation year. The separation year is for the judge, who must examine the failure of the marriage in accordance with Art. Section 1565 (1) BGB important because after the end of the separation year, it is presumed that the marriage has failed. Before the end of the separation year, a divorce can only be called a hardship divorce, under the strict conditions of Section 1565 (2) BGB, be pronounced.
After the parents separate, the children usually live with only one parent. The other parent as well as the children have the right to have contact with each other even after the separation. This so-called right of access is immensely important for the development of the child. The BJM guide for dealing with children writes about this:
“Both parents are of great importance to the child. Together, they helped the child to live and represent his origin and lineage. In most cases, they are jointly responsible for the child. By being together in everyday life, the child has built up a bond with them. This bond is often different for one parent than for the other in terms of intensity and sometimes also in terms of quality. The absence of shared experiences alienates children and parents. How painful it is for a child to separate from a parent who no longer lives with him depends on how strongly he is attached to the child, i.e. how much he has emotionally and temporally involved with the child before the separation. ”
In addition, there may also be a right of contact with other caregivers of the child, such as grandparents.
A distinction must be made between child and spousal support and also maintenance claims for couples who are not married to each other under Section 1615 l BGB. The basics of calculating maintenance can be found here. A more detailed explanation with an explanation of terms can be found here.
Another maintenance claim that is important in practice is the parents' maintenance claim against their children. This maintenance claim is usually pursued by social assistance providers who, for example, have pre-financed the costs of an old people's or nursing home. In the case of so-called parental support, there are significantly more generous allowances compared to the other maintenance claims described above.
The person to whom maintenance is paid by the maintenance debtor is referred to as a maintenance creditor.
Maintenance requirements refer to the amount of money that, under maintenance law, should be available to a dependent person for their livelihood. It covers all living requirements, i.e. costs for food, housing, health care, social needs and leisure. In a maintenance calculation, the needs assessment is the first step in determining the alimony. The next steps include an examination of the extent to which the demand is covered by one's own income (neediness) and the assessment of the capacity of the maintenance debtor.
In addition to the (regular) requirement, there may be a maintenance claim due to a special requirement or an additional requirement. These technical terms describe a claim for maintenance that goes beyond normal requirements. Such a requirement is, for example, the additional requirement due to illness or the special requirement for infant primary equipment.
A maintenance claim can only be forcibly enforced by way of foreclosure if there is a maintenance title. The dependent can win this through a maintenance claim or conclude a court settlement in court proceedings. In addition, it is possible to enforce child support under a youth welfare certificate. In family law, the lawyer settlement or the notarial deed with a submission clause is less common as a further title.
The advance maintenance fund covers the maintenance of children up to 12 years of age whose dependent parents cannot or do not want to pay in advance.
You can receive benefits under the Advance Maintenance Act (UVG) if you receive no or no regular maintenance for your children. A maintenance advance will then be granted to you from the state treasury for a maximum of 72 months for children who have not yet reached the age of 12. In most cases, the advance maintenance fund only pays in advance with the advance on maintenance and will attempt to recover the contributions paid in connection with maintenance obligations.
In the past, secret DNA testing was common practice. The legislator has reacted to this and significantly reduced the requirements for a paternity test through DNA reports.
An attempt at reconciliation is a temporary cohabitation of the spouses following separation. Such cohabitation does not interrupt the current year of separation. Since the joint assessment according to the splitting table requires living together of just one day in a calendar year, the reconciliation attempt also has the pleasant side effect of creating tax benefits.
An attempt at reconciliation is a temporary cohabitation of the spouses following separation. Such cohabitation does not interrupt the current year of separation. Since the joint assessment according to the splitting table requires living together of just one day in a calendar year, the reconciliation attempt also has the pleasant side effect that there are tax benefits. With pension adjustment, the pension rights acquired during the marriage are distributed to each spouse.
The proceedings are initiated ex officio by the court with a divorce application. In pension compensation proceedings, the court first determines the pension insurance companies run by means of a questionnaire sent to each spouse. The pension insurance companies are then contacted by the court and asked for notification of the pension rights acquired from the respective pension provider during the marriage.
The term residential value comes from maintenance law.
With the residential value, the monetary advantage to which he lives cheaper than a tenant is added to the spouse who lives in their own property. If a loan taken out for the purchase of the property is paid off, the loan installments (= interest and repayment) are deductible as costs that a tenant does not bear when determining them.
If your own property is a married home, a further deduction is also possible for a certain transitional period. This is referred to as forced enrichment, since the size of the married home is usually tailored to the needs of the entire family, this is intended to prevent reconciliation through a forced sale of the married home through maintenance law.
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If spouses have not concluded a marriage contract, they live in the legal property regime of the community of gains. Contrary to popular opinion among the population, this property regime does not create joint assets. This means that each spouse remains the sole owner, e.g. of their account, of life insurance, savings accounts or real estate. Only if the spouses set up a joint account, for example, or register together in the land register for the married home, will both spouses become owners.
In the case of divorce, the gain must therefore also be settled in or out of court. For this purpose, the initial assets (assets at the time of marriage) and the final assets (assets at the time of divorce) of each spouse are first determined. In order to determine your partner's assets, the law provides for comprehensive information requirements.
The gain is then calculated as follows:
Final assets — initial assets= gain
Gain (man) — Gain (woman) = Gain difference
Gain difference: 2= claim of the person who earned less
The court in whose district the spouse lives with their minor children has local jurisdiction. If minor children do not exist, the court in which the married home is located. The family court has substantive jurisdiction for all proceedings.
Unfortunately, even after a lawsuit has been won, it is often the case that the losing opponent still does not take the action to which he has been sentenced: He does not pay because he does not want to, or simply because he cannot.
Another procedure is therefore necessary to enforce the judgment: enforcement proceedings.
This has three basic requirements: title - clause - service.
You have already won the title with the verdict. Even if you have only carried out the payment procedure and a final enforcement order has been issued as a result, this is a title.
As a next step, the title must be issued as an enforceable copy by providing it with the so-called enforcement clause. You must apply to the court for this, if you have not already done so when filing the lawsuit.
You then submit an enforcement order, including the enforceable copy, to the competent district court and the local distribution office for bailiff orders. The responsible bailiff will then try to collect the money for you. It is also possible to seize monetary claims, for example in accounts or current income (salary, rent, etc.). The title must be formally served before or at the latest with the enforcement action.
Please note that enforcement entails further costs, which you must advance first. The risk that the debtor cannot be claimed therefore still lies with the creditor, even if he has previously won the lawsuit on the merits.
Since titled claims generally only expire 30 years after the title, it is important to wait for the correct enforcement date for “uncertain cantonists” so that the debt level does not grow unnecessarily as a result of futile enforcement. If you have legal expenses insurance, you generally have, so to speak, three allowances within these 30 years: The insurance company must then bear the costs of three enforcement attempts with your debtor. However, as usual, it is advisable to obtain a guarantee of coverage in advance
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