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Assertion of the maintenance claim of the mother of a child born out of wedlock

As an unmarried mother, you can claim maintenance from the child's father on the occasion of the birth of your child.

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Detailed description

In the first years of their lives, children require special attention from their parents. If the parents live separately, the care is usually the responsibility of one parent alone. According to maintenance law, the other parent may be obliged to pay maintenance in this case - even if both were or are not married.
If you, as the mother of the child, are unable to work because of the care or upbringing of your child, you are entitled to maintenance from the child's father for a period of 6 weeks before and 8 weeks after the birth.
In addition, maintenance payments to the parent who looks after the child can be made from at least four months before the birth up to three years after the birth of the child. To do this, this parent must be looking after the child and therefore unable to work. The father can also be entitled to maintenance from the mother. The child's needs and the real possibilities of care are decisive.
If you cannot agree on an appropriate level of maintenance, you can file a claim for maintenance in court.
There is no fixed amount for maintenance for childcare; the amount depends on the standard of living of the person entitled to maintenance, based on their last earned income. In addition, the parent obliged to pay maintenance is allowed to keep part of their income for themselves.

 

Information

Prerequisites

As an unmarried mother of a child, you can claim maintenance for a period of 6 weeks before and 8 weeks after the birth of the child, as well as additional maintenance for care, under the following conditions:

  • No marriage with the child's father.
  • Paternity has been established or acknowledged.
  • You are in need because you cannot work full-time due to pregnancy, caring for or raising a child.
  • The child's father is capable of performing his duties.

The right to maintenance from four months before to three years after the birth

  • can be claimed by the person who cares for the child and is therefore unable to work
  • Need: The parent in need of maintenance cannot provide for his or her own maintenance.
  • Ability to pay: The other parent is able to contribute to the maintenance of the needy parent from his or her income and assets.

Documents required

Evidence of income, assets and personal and financial circumstances.
Also important are court orders, settlements or documents regarding maintenance and the recognition or determination of paternity.

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
Affordable legal advice for people with low incomes is provided by the Public Legal Advice (ÖRA).

Deadlines


  • at the earliest four months before the birth until three years after the birth of the illegitimate child

  • in certain cases over three years (for example, if the child is disabled)

Make your claim in good time; claims can only be enforced retroactively under certain conditions.

Procedure

  • Request in writing from the person who is obliged to support you to pay you.
    • If you have questions about maintenance, you as a single parent can receive free advice and support from the local youth welfare office.
    • There you can also have the amount of your claim determined.
    • If you do not know the income of the other parent, you can ask him or her to provide you with information about it
  • If the person obliged to pay maintenance does not comply with your written request, you can take legal action to enforce your claim for maintenance.
  • In any case, you should seek legal advice before submitting your application.
    • If you live in Hamburg and have a low income, you can also arrange a consultation with the lawyers at the Public Legal Information Service.
  • The application initiating the legal proceedings can only be submitted to the family court by a lawyer.
    • If you have a low income, you can apply for legal aid or legal costs assistance.
    • You can find help for your search for a lawyer under Links.
  • The further course of the court proceedings is essentially governed by the provisions of civil procedure.
  • The court can order the parties to provide information about their income, assets and personal and financial circumstances. If the parties do not comply with this order, the court can make inquiries independently, for example from employers or insurance companies.

Processing time

At least 3 months due to the prescribed procedure, in more complex procedures possibly longer, depending on the individual case.

Fees


  • court costs

  • legal fees

  • both depend on the value in dispute

Legal remedies

Complaint against the family court decision within one month by a lawyer

Legal basis














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Keywords: money from the child's father maintenance from the child's father Money for Child from Father money for child care

Last updated: 27.04.2025