make child support retroactive - Here's how

05-29  Source: Network gathering  Views:0 

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make child support retroactive - Here's how

Child support is intended for training and livelihood.

The law in § 1613 BGB, that you may also require maintenance for the past for your child.

Payment obligation shall apply retroactively only when notice

  • This is especially true when the maintenance claim for legal reasons (because paternity was not established), or from the responsibility of the maintenance debtor obvious reasons (his address was unknown) so far could not be invoked.
  • Furthermore, you can claim maintenance for the past, when it comes to special needs, which is incurred within the last year. Special needs is an irregularly exceptionally high demand, which may for example apply for a school trip or your child a serious illness.
  • After this year, the right to special need exists only if you have the maintenance debtor previously set in default (payment demand with a deadline) or filed with the court an action for payment.

Three alternatives for child support in the past

  • Incidentally, you can make child support retroactively only if your child or you have sent as his legal representative to the maintenance debtor a prompt deadline to pay maintenance and is characterized in default.
  • Furthermore, you can claim maintenance for the past, if the maintenance debtor has been asked to provide for maintenance calculating information about his income and assets.
  • Finally, you can make in the third alternative maintenance for past claims if you leave note to the debtor on the court an action by stages (connection of information by filing a claim for payment) or already have an action for payment.
  • then the court decides later on your payment action, the maintenance debtor must from this month beginning on which it was placed in default, pay maintenance.

make maintenance increase in actual title

  • Even if you are a maintenance judgment already owned, you can retroactively from the beginning of the month, from the material a maintenance increase may be required to make still additional child support retroactively for past claims.
  • Note also that the limitation of a maintenance claim of a minor child to his parents is suspended until the age of majority.

So if you are relying on child support, you should be active early. Go best immediately to a lawyer, as only he can provide for you applications in family court.

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