Have maintenance claims notarized
Service description
Parents are obliged to support their children. The parent who does not live in the same household as the child must pay maintenance in cash. This is also known as cash maintenance.
The amount of these payments depends on the income and financial circumstances and can be determined by the youth welfare office or lawyers, for example. Maintenance is based on the so-called Düsseldorf table. This table is published annually by the Senate for Family Matters of the Düsseldorf Higher Regional Court.Ideally, you as parents should agree on the amount to be paid as maintenance.
The parent who has to pay maintenance can have the maintenance obligation recorded. This is done in the form of a special document drawn up by a notary at the youth welfare office. This special document is called a maintenance obligation certificate. If the maintenance is not paid, an application for enforcement can be made immediately to the competent district court on the basis of the maintenance title.
The child's maintenance entitlement is usually determined in a so-called dynamic maintenance title. However, it is also possible to set the maintenance in the form of a static deed (constant fixed amount).
Your child is legally entitled to a maintenance order. If no maintenance order is presented, the child can submit a corresponding application to the family court.
The court proceedings are associated with costs and fees.
Procedure
- Please make an appointment for the notarization. Please appear in person with all documents on time at the agreed appointment.
- The notarization is carried out in German. If you do not have sufficient knowledge of German, an interpreter/language mediator who is neither related by blood nor marriage to the parties/parents must be called in.
- Please let us know when you make your appointment if you need an interpreter.
Prerequisites
- Full legal capacity
- In the case of limited legal capacity, the guardian or custodian must appear in person for the notarization.
What documents are required?
- Identity card or passport (in the case of foreign nationals, the toleration permit or residence permit if applicable),
- Written proof of the amount of maintenance to be set (e.g. letter from a lawyer or youth welfare office),
- If available: previous maintenance determination (e.g. youth welfare office certificate or court maintenance regulation)
- The originals of all documents are required.
- Foreign documents or judgments should always be translated by a sworn interpreter.
Further evidence may be required in individual cases.
What fees apply?
None
Legal basis
Further information