Maintenance and guardianship

• Certifications

  Please understand that notarization is only possible by prior appointment.

  General note: Notarizations are also possible at any other youth welfare office, a notary or at the registry office (only
  paternity, maternity acknowledgement and declarations of consent).
  
  Which documents can be recorded?

  • Acknowledgment of paternity
  • Consent to acknowledgement of paternity
  • Acknowledgment of maternity
  • Joint declaration of custody (if the parents are not married to each other)

  The above-mentioned documents can be recorded before the child is born.

  In the event that the mother is still married and the husband is not the father, the acknowledgement of paternity can take place if the divorce application is already pending and the husband is willing to have the declaration of consent to the acknowledgement of paternity by a third party notarized.

  • Recognition of maintenance obligations for underage children and adults up to the age of 21
  • Recognition of the obligation to pay childcare maintenance in accordance with § 1615 l BGB
  • Further possible certifications are regulated in § 59 SGB VIII

  For all notarizations, an interpreter must be consulted if there is insufficient knowledge of the German language.
  
  What documents are required for notarization?

  • Identity card or passport
  • Recognition of paternity (for joint declaration of custody)
  • Letter from the youth welfare office/lawyer in which the amount of maintenance was determined (for maintenance obligation certificates)

  All notarizations are free of charge at the Youth Division.
  
  Negative certificate (confirmation of the mother's sole custody) The Youth Welfare Office at the mother's place of residence is responsible for issuing the negative certificate.

  The prerequisite is

  • the parents have never been married.
  • no joint declaration of custody has been notarized.
  • there is no custody order.

  The negative certificate can be requested by the child's mother by telephone or in person on presentation of her identity card/passport.

  
  

  • Contact persons
• Assistance

  A guardianship can be set up for

  • establishing paternity
  • the assertion of child maintenance

  The guardianship is a free service offered by the Youth Division. The Düsseldorf table is used as a benchmark for calculating maintenance.
  
  Who should I contact?
  
  The youth welfare office at the place of residence of the parent making the application is responsible. In the case of the Youth Division of the City of Wolfsburg, responsibility is based on the first letter of the child's surname.
  
  Who can have guardianship set up and what documents are required?

  The guardianship must be applied for in writing.

  Eligible to apply is

  • the parent who is entitled to sole parental custody
  • in the case of parents who have joint parental custody: The parent with whom the child lives
  • the expectant mother (or her representative if the mother is legally incapacitated)

  Please arrange a personal consultation to clarify any unanswered questions.
  
  When does the guardianship begin and end?

  • The guardianship begins when the application is received by the Youth Division
  • the guardianship ends with a written declaration or when the child reaches the age of majority
  • it cannot be terminated by the guardian him/herself
  • if the legal requirements cease to apply, the guardianship ends by operation of law, for example if the custody rights of the applicant parent are withdrawn or in the case of joint custody, if the child is no longer in the care of the applicant parent

  What tasks does the guardian have?

  • Requesting income documents and calculating child maintenance
  • Representation in court parentage and maintenance proceedings, if there is no voluntary recognition in the form of notarization
  • Enforcement of maintenance claims (for example through wage garnishment)

  
  

  • Düsseldorf table
  • Contact persons
• Official guardianships and conservatorships

  Legal basis

  The legal basis for official guardianships and guardianships is regulated in the German Civil Code (BGB):

  • Appointed official guardianship in accordance with Section 1791b BGB
  • Supplementary guardianship according to § 1909 BGB
  • Statutory official guardianship in accordance with Section 1791c BGB for children of underage mothers
  • Adoption care in accordance with § 1751 BGB

  In the areas of "official guardianship" and "supplementary guardianship", the youth welfare office becomes the legal representative for the child. In accordance with Section 55 SGB VIII, the task is assigned to an employee (official guardian) who, in accordance with Section 1793 BGB, is to maintain regular personal contact with the child and personally promote and ensure their care and upbringing in accordance with Section 1800 BGB. They are supervised by the family court in accordance with Section 1837 BGB and must report in accordance with Section 1840 BGB.

  The tasks of an official guardian

  The guardian represents the child in all legal matters. He*she assumes all parental duties within the scope of the custody rights assigned to him*her. He/she is solely responsible for the interests of the ward and in this respect is not bound by instructions. For example, the guardian submits applications to authorities, files lawsuits, gives consent for operations and manages the ward's assets. The guardian also decides where the child lives and which school they attend.

  The guardian/additional guardian must check at regular intervals whether guardianship/care is still necessary or whether there is a suitable individual guardian (e.g. relatives).

  Termination of the guardianship/custody

  The guardianship is terminated at the latest when the child reaches the age of majority. In the case of children of underage mothers, when the mother reaches the age of majority. It can also be terminated by a decision of the family court.

  
  

  • Contact persons
  • Information brochure "Your guardian represents you".
• Advice and support in maintenance matters

  Who can receive advice and support?

  • Mothers or fathers who are solely responsible for a minor child with regard to the child's maintenance or substitute maintenance claims, even if they are still married but living separately
  • Young adults up to the age of 21 with regard to their maintenance entitlement
  • Mothers or fathers who are not married to the other parent and care for their child alone with regard to their own entitlement to childcare maintenance in accordance with § 1615 l BGB (German Civil Code)

  You can obtain advice and support on issues relating to custody and access rights from the General Social Service.
  
  Who should I contact?

  At the Youth Division of the City of Wolfsburg, responsibility is based on the first letter of the surname of the child or adult. Please arrange a personal consultation to clarify any questions you may have.
  
  What is provided as part of counseling and support?

  • Clarification of the legal situation
  • Support with the assertion of maintenance claims
  • Calculation of the maintenance claim, if information on income is provided voluntarily
  • Advice on asserting maintenance claims, for example advance maintenance payments

  Advice and support cannot include representation in court proceedings. Representation can only take place within the framework of a guardianship.

  Further information can be found under the heading Assistance.
  
  General information on maintenance

  • A child is entitled to maintenance from the parent with whom they do not live.
  • This presupposes that the parent liable for maintenance is able to pay. The ability to pay is given if the parent liable to pay maintenance is able to pay child maintenance on the basis of their personal and financial circumstances without falling below their own deductible
  • The ability to pay is determined by the income situation and the number of maintenance obligations
  • If the minimum maintenance cannot be paid, fictitious income may also lead to the ability to pay under certain circumstances due to education and vocational training
  • Adults are entitled to maintenance from both parents if they are still in school or vocational training.
  • Maintenance can be calculated if both parents' proof of income is available. Child benefit and own income are taken into account in the maintenance requirement.
  • There may be an entitlement to childcare maintenance in accordance with § 1615 l BGB if the mother or father is unable to work due to raising and caring for the child or if their income is not sufficient to cover their own maintenance needs. The maintenance claim begins at the earliest four months before the birth and continues for at least three years after the birth.

  The Düsseldorf table serves as a yardstick for calculating maintenance.

  
  

  • Social services
  • Contact persons
  • Düsseldorf table
• Maintenance advance

  Who is entitled to maintenance payments under the Maintenance Advance Act (UVG)?

  • A child is entitled to maintenance payments if he or she has not yet reached the age of 18, whereby additional requirements must be met from the age of 12,
  • has a place of residence or habitual abode in Germany,
  • lives here with a single parent and
  • does not or only partially or not regularly receive maintenance from the other parent in the amount of the maintenance advance.

  For an entitlement from the age of 12, one of the following two conditions (simplified here) must be met:

  1. the child does not receive any benefits under the Second Book of the German Social Code or the advance maintenance payment can avoid the child's need for assistance or
  2. the single parent has an income of at least 600 euros, with the exception of child benefit.

  How much is the maintenance advance?
  
  For children aged 0 - 5: 227.00 euros per month.
  
  For children aged 6 - 11: 299.00 euros per month.
  
  For children aged 12 - 17: 394.00 euros per month.
  
  When is the entitlement excluded?
  
  Entitlement to advance maintenance payments is excluded if

  • the applicant parent refuses to provide information about the parent liable to pay,
  • the applicant parent refuses to cooperate in establishing paternity or the whereabouts of the other parent,
  • the other parent has paid maintenance at least in the amount of the maintenance advance payment.

  Does the other parent now not have to pay maintenance?

  The other parent (who is obliged to pay maintenance) should not be relieved if the state pays the child maintenance advance. Therefore, any maintenance claims of the child against the other parent are transferred to the state in the amount of the maintenance advance.
  
  What do you have to do to receive maintenance advance?
  
  You must apply in writing for benefits under the Maintenance Advance Act (UVG). The application must be submitted to the responsible maintenance advance office - usually the responsible youth welfare office. The youth welfare office in whose district the child lives is responsible.
  
  The application form is available from us in printed form. Please bring the child's birth certificate and your identity card with you when applying. If you have recently separated from the father / mother and now live in separate apartments, please also bring your confirmation of re-registration with you. Alternatively, you can download the form.
  
  You can download the information sheet on the Maintenance Advance Act below. When submitting your application, you confirm that you have read the information sheet.
  
  If your child has already reached the age of 12, you must also provide some additional information. You can download the form below. From the age of 15, please also submit a school certificate together with the application.
  
  If a lawyer is already involved in your case, please bring along the correspondence you have exchanged to date.
  If you already have a maintenance order, please also bring this with you.
  
  Further information on child custody law can be found in the brochure of the Federal Ministry of Justice and Consumer Protection.

  
  

  • The financial family benefits at a glance
  • Form application maintenance advance
  • Fact sheet on the Advance Maintenance Payments Act
  • Form "Supplementary information on the application for benefits" (children aged 12 and over)
  • Brochure of the Federal Ministry of Justice and Consumer Protection
  • Notice on the information requirements pursuant to Art. 13 and 14 of the General Data Protection Regulation (GDPR)