Parent living abroad: how your child still gets child support

Which law applies when the paying parent lives abroad?

German law governs child support as long as your child lives in Germany. What counts is the law of the state where the person entitled to support has their habitual residence Art. 3 HUP. Where the other parent lives and which passport they hold makes no difference.

You can claim support in Germany, because jurisdiction lies with the courts at the habitual residence of the person entitled to support Art. 3 (b) Regulation (EC) 4/2009. When the other parent lives abroad, the case goes to the local court (Amtsgericht) at the seat of the Higher Regional Court (Oberlandesgericht) for your child’s district. In Hesse, that is the Amtsgericht Frankfurt am Main § 28 AUG. The amount follows the Düsseldorf table, explained in Child support: how to read the Düsseldorf table.

How much support is due when the other parent earns abroad

Child support is based on the paying parent’s income, even if they earn it abroad. They are obliged to provide information about that income § 1605 BGB.

The court can adjust that income to purchasing power in Germany if it is earned in a country with a markedly different cost of living. The Federal Court of Justice approved Eurostat’s price comparisons for this in a case where the father lived in Switzerland BGH, decision of July 9, 2014, XII ZB 661/12.

Toward a minor child, the other parent must do everything that can reasonably be expected of them to pay at least the statutory minimum maintenance § 1603 (2) BGB. Moving to a country with lower wages does not by itself release them from that duty.

First, you need an enforceable title

Without an enforceable title, nothing can be enforced in Germany, let alone abroad. The simplest title is available from the youth welfare office, where the other parent can have their support obligation certified free of charge. Should they refuse, the Familiengericht (family court) decides.

Have the title drawn up in dynamic form, that is, as a percentage of the statutory minimum maintenance. It then rises automatically each time your child reaches the next age band § 1612a BGB. Where a move is foreseeable, take care of the title while the other parent still lives in Germany.

Advance maintenance payments while no money is coming in

If the other parent does not pay, your child can receive advance maintenance payments, even if that parent lives abroad. Among other conditions, your child must be under 18 and live with you in Germany § 1 UVG. The youth welfare office will tell you the amount and the other conditions.

To the extent of these payments, the support claim passes to the federal state, which then pursues it itself, including abroad § 7 UVG. Whatever the other parent owes beyond that remains your child’s claim.

How to enforce child support abroad

You enforce child support abroad through the local court and the Federal Office of Justice (Bundesamt für Justiz). Your application goes to the local court at the seat of the Higher Regional Court for the district where you live. In Hesse, that is the Amtsgericht Frankfurt am Main. The court reviews it free of charge § 7 AUG and forwards it to the Federal Office of Justice, which passes it on to the competent authority in the other country.

In most EU countries, a German child support title is enforced without any further proceedings Art. 17 Regulation (EC) 4/2009. For many countries outside the EU, including the United States and the United Kingdom, the 2007 Hague Child Support Convention applies. For child support up to the child’s 21st birthday, the authorities there usually help free of charge Art. 46 Regulation (EC) 4/2009, Art. 15 Hague Convention 2007.

Instead of taking action yourself, you can apply to have the youth welfare office act as your child’s legal adviser (Beistandschaft). The office then pursues the support on your child’s behalf, across borders as well § 1712 BGB.

When you need a law firm

In many cases you do not need a law firm: the route through the youth welfare office and the Federal Office of Justice is enough, and it costs you nothing. You need one mainly in three situations:

• The amount is disputed, for example because the other parent understates their income abroad.
• Separation, divorce or spousal maintenance is at issue at the same time.
• There is no title, and the other parent will not cooperate.

If your child moves abroad

If your child moves abroad, the applicable law changes. Once your child habitually lives in another country, that country’s maintenance law usually applies, and this article no longer covers your case. Advance maintenance payments end when your child no longer lives in Germany.

The next step

At our firm, maintenance cases are handled by attorney Mieke Karcher, together with attorney Dietrich Karcher where assets are involved. The first consultation costs up to €190 plus VAT, at most €226.10 in total. If we take on your case, this fee does not apply. How further fees are calculated is explained on our costs page. Our child support calculator gives you a first figure, and our page on separation and maintenance describes the overall framework.