Maintenance and guardianship

Please understand that a certification is only possible by prior appointment.

General note: Certifications are also possible at any other youth welfare office, a notary or the registry office (only
paternity, maternity acknowledgement and declarations of consent).

Which documents can be recorded?

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

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

In the event that the mother is still married and the husband is not the father, the acknowledgment of paternity can be made if the divorce petition is already pending and the husband is willing to have the declaration of consent to the acknowledgment of paternity of a third party notarized.

• Recognition of obligation to pay maintenance for minor children and adults until they reach the age of 21.
• Recognition of obligation to pay childcare maintenance in accordance with § 1615 l of the German Civil Code (BGB)
• Further possible certifications are regulated in § 59 SGB VIII.

An interpreter must be consulted for all certifications if the German language skills are insufficient.

What documents are required for certification?

• Identity card or passport
• Acknowledgement of paternity (in the case of a joint declaration of custody)
• Letter from the youth welfare office/lawyer in which the amount of maintenance has been determined (in the case of maintenance obligation certificates)

All certifications 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,

• that the parents have never been married to each other
• no joint declaration of custody has been certified.
• there is no custody decree.

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

• Contact persons

A guardianship can be established for

• the determination of paternity
• the assertion of child support

The guardianship is a free service offered by the Youth Division. The Düsseldorfer Table is used as a benchmark for calculating child support.

Who do I have to contact?

The Youth Welfare Office at the place of residence of the applicant parent is responsible. In the case of the Youth Division of the City of Wolfsburg, responsibility is determined by the first letter of the child's last name.

Who can apply for the establishment of guardianship and what documents are required?

The guardianship must be applied for in writing.

The following are entitled to apply

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

Please make an appointment for a personal consultation, during which all open questions can be clarified.

When does the guardianship begin and end?

• The guardianship begins with the receipt of the application 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 himself/herself
• if the legal requirements cease to apply, the assistance ends by operation of law, for example if the applicant parent is deprived of custody or in the case of joint custody, if the child is no longer in the care of the applicant parent.

What are the duties of the guardian?

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

• Düsseldorf table
• Contact persons

Legal basis

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

• Appointed official guardianship according to § 1791b BGB
• Supplementary guardianship according to § 1909 BGB
• Statutory official guardianship pursuant to § 1791c BGB for children of minor mothers
• Adoptive guardianship according to § 1751 BGB

In the areas of "official guardianship" and "supplementary guardianship", the youth welfare office becomes the legal representative for the child. According to § 55 SGB VIII, the task is assigned to an employee (official guardian), who, according to § 1793 BGB, is to maintain regular personal contact with the child and to personally promote and ensure its care and upbringing according to § 1800 BGB. In doing so, he is supervised by the family court according to § 1837 BGB and has to report according to § 1840 BGB.

The tasks of an official guardian

The guardian represents the child in all legal matters. Within the scope of the parts of custody assigned to him/her, he/she assumes all parental duties. He/she is solely obliged to serve the interests of the ward and is therefore not subject to instructions. For example, the guardian submits applications to the authorities, conducts lawsuits, gives consent for operations and manages the assets of the ward. The guardian also decides where the child lives and which school he or she attends.

The guardian/supplementary guardian must check at regular intervals whether the guardianship/caretaker is still necessary or whether there is a suitable individual guardian (for example, relatives).

Termination of the guardianship/caretaker

Termination takes place at the latest when the child reaches the age of majority. In the case of children of minor mothers, when the mother reaches the age of majority. Termination can also be effected by a decision of the family court.

• Contact persons
• Information brochure "Your guardian represents you".

Who can receive advice and support?

• Mothers or fathers who are the sole carers of a minor child with regard to the child's entitlement to maintenance or substitute maintenance, even if they are still married to each other 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 who care for their child alone with regard to their own claim to child care maintenance pursuant to Section 1615 l of the German Civil Code (BGB).

Advice and support on questions concerning custody and access rights can be obtained from the General Social Service.

Who should I contact?

At the Youth Division of the City of Wolfsburg, responsibility is determined by the first letter of the last name of the child or adult. Please make an appointment for a personal consultation in which all open questions will be clarified.

What is provided within the scope of counseling and support?

• Clarification of the legal situation
• Support in the assertion of maintenance claims
• Calculation of the maintenance claim, if information about the income situation is provided voluntarily
• Advice on the assertion of maintenance claims, e.g. advance maintenance payments

Within the scope of counseling and support, no representation can be provided in court proceedings. Representation can only take place within the framework of a guardianship.

For more information, please refer to the section on assistance.

General information on child support

• A child is entitled to maintenance from the parent with whom he or she does not live.
• This presupposes that the parent liable for maintenance is capable of paying. The ability to pay is given if the parent liable to pay maintenance is able to pay child maintenance on the basis of his or her personal and economic circumstances without falling below his or her 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 can also lead to the ability to pay under certain circumstances due to school and professional training.
• Legal adults are entitled to maintenance from both parents if they are still in school or vocational training.
• The calculation of maintenance can be carried out if the income statements of both parents are available. Child benefit and the child's own income are taken into account in the maintenance requirement.
• There may be a claim to childcare maintenance under Section 1615 l of the German Civil Code (BGB) if the mother or father is unable to work because of raising and caring for the child, or if their income is insufficient to cover their own maintenance needs. The claim to maintenance begins at the earliest four months before the birth and continues for at least three years after the birth.

The Düsseldorfer Table serves as a yardstick for calculating maintenance.

• Social services
• Contact persons
• Düsseldorf table

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

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

For a claim from the age of 12, one of the following two conditions (shown here in simplified form) must be met:

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

How much is the advance maintenance payment?

For children from 0 - 5 years: 187,00 Euro per month.

For children from 6 - 11 years: 252,00 Euro monthly.

For children from 12 - 17 years: 338,00 Euro monthly.

When is the entitlement excluded?

Entitlement to the advance maintenance payment is excluded if

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

Does the other parent now not have to pay child support?

The other parent (who is liable for maintenance) should not be relieved if the state pays advance maintenance to the child. Therefore, any child support claims the child may have against the other parent are transferred to the state in the amount of the advance child support payment.

What do you have to do to receive advance maintenance payments?

You must apply in writing for benefits under the Advance Maintenance Payments Act (Unterhaltsvorschussgesetz, UVG). The application must be submitted to the responsible child support advance office - usually the responsible youth welfare office. The responsible youth welfare office is the one in whose district the child lives.

A printed copy of the application form is available from us. Please bring the birth certificate of the respective child and your identity card with you to the application. If you have recently separated from the father/mother and are now living in separate apartments, please also bring your confirmation of re-registration. Alternatively, you can download the form.

An information sheet on the Advance Maintenance Payment Act, which you must sign and submit together with your application, can be downloaded here.

If your child has already reached the age of 12, you must also provide some additional information. You can find the form here. From the age of 15, please also submit a school certificate together with the application.

If a lawyer is already working on your case, please bring the correspondence you have had so far.
If there is already a maintenance order, please also bring this with you.

Further information on the law of parent and child 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)