INTERNATIONAL FAMILY LAW
Cross-border maintenance: your lawyer
Where the person liable for maintenance lives abroad and the child here, or the other way round, three further questions are added to the usual ones: which court decides, does the enforceable title also hold good in the other state, and how to get at the income figures. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL, and I handle maintenance matters with a foreign element throughout Germany, by video or by phone.
Cross-border maintenance: three questions before the calculation
Jurisdiction and recognition: the EU Maintenance Regulation
Maintenance matters with a foreign element within the European Union are governed by the EU Maintenance Regulation (Regulation (EC) No 4/2009). It governs which court can have jurisdiction and contains rules on the recognition and enforcement of maintenance decisions in other member states.
An enforceable title against a payer who has left Germany is therefore not worthless. How it gets to enforcement, however, depends on the state concerned and on the particular decision. Outside the EU, what matters is the state of residence and the conventions in force there.
The Federal Office of Justice as Central Authority
Where the person liable for maintenance is staying in another state, the Federal Office of Justice, as the German Central Authority, can help to assert statutory maintenance claims in and out of court, and charges no fees for doing so.
The route depends on the payer's state of residence: EU member states run through the EU Maintenance Regulation, contracting states of the 2007 Hague Maintenance Convention, including the USA, the United Kingdom, Norway and Turkey, and contracting states of the 1956 UN Maintenance Convention, including Switzerland and Australia. The Federal Office cannot assist worldwide. Its list of states is what counts.
Income earned abroad
Harder than jurisdiction is usually the basis for the claim: income earned abroad has to be disclosed and documented, and the self-employed produce no payslip. Rights to information can be asserted across borders too, but enforcing them takes longer, and foreign employers rarely reply to letters in German.
For child maintenance, the cost of living in the child's state of residence can play a part. I only give specific figures with a specific calculation. Flat numbers from the internet lead in the wrong direction particularly often where there is a foreign element.
Titles and enforcement across borders
A calculated claim only helps once it is recorded in an enforceable title. Within the EU the rules of the EU Maintenance Regulation apply to a German maintenance title. Recognition and enforcement depend on the member state concerned and on the type of title. For third states it depends on the route that state provides, frequently through the Central Authority.
That is why the title has to contain what will later be needed across borders: quantified instalments, due dates and, where income fluctuates, a variation mechanism. Arrears can only be recovered on the basis of a title.
What makes maintenance across borders expensive
01
Waiting until the payer is abroad
Anyone who only acts once the payer has emigrated is negotiating without leverage. Problems with service, missing information and months of delay follow. Obtaining an enforceable title before the move is the simplest way to avoid exactly that.
02
Giving up on information because everything is abroad
Without documents every figure is an assertion, and no maintenance is awarded on assertions. What is left at the end is a settlement that can hardly be corrected later. The right to information is asserted across borders too, and the order stays the same: documents first, then the calculation.
03
Mixing national and international cases in one calculation
If the payer or the child is abroad, jurisdiction, recognition and enforcement come in as separate questions. They cannot simply be run as national proceedings.
How I proceed
01
Sorting out the position
First we sort out the position: where the payer lives, where the child lives, which nationalities are involved, and whether an enforceable title already exists.
02
Setting the course
Then comes the choice of route: German proceedings, recognition of a foreign title, or the route through the Federal Office of Justice.
03
Documents and information
In parallel I draw up the list of documents, proof of income and, for the self-employed, profit statements covering several years, and formally demand any missing information.
04
Calculation and enforceable title
With the documents I work through the claim and have the result recorded so that it remains enforceable across borders. Where a foreign authority has to be involved, I coordinate the steps.
A typical situation
01
Father in Switzerland, mother with two children in Germany
There is no enforceable title, only an old oral arrangement that has not been kept for months. The answer runs through a demand for information with a list of documents and, if the deadlines pass empty, through the Federal Office of Justice. Only with reliable figures is the calculation done, and then the title obtained, with a variation mechanism.
Office in Cologne, maintenance across the border
My office is at Jakordenstrasse 8 in 50668 Cologne. Anyone coming from Cologne or the surrounding area, from Leverkusen, Bergisch Gladbach, Bruehl, Huerth, Kerpen or Frechen, is welcome to bring the documents in person. Otherwise they come by post or digitally, and we speak by video or phone, in German and in English.
Which court decides about maintenance follows the jurisdiction rules of the individual case and not the seat of my office. Local jurisdiction is the first thing I examine.
MORE TOPICS
More on international family law
YOUR QUESTIONS
Frequently asked questions
Within the EU, the EU Maintenance Regulation governs jurisdiction. The courts at the habitual residence of either the payer or the claimant come into question, among others. Several states frequently have jurisdiction, and the choice of court affects both the duration of the proceedings and enforcement. Outside the EU, the conventions and the national law of the state of residence decide. That examination comes at the start of any advice, before anything is calculated.
As the German Central Authority the Federal Office of Justice can help to assert statutory maintenance claims in and out of court where the liable person is staying abroad, and it charges no fees for this. The route depends on the state of residence: EU states through the EU Maintenance Regulation, Hague and UN contracting states through the respective conventions. Not every state is covered. The list of states is what decides.
By the same standards as in a national case: need, ability to pay, adjusted income, the protected minimum. The difference lies in the documents. Income abroad has to be disclosed and documented, for the self-employed through profit statements covering several years. For child maintenance the cost of living in the child's state of residence can play a part. The same applies to the cost of living of the person liable for maintenance in their state of residence.
Within the EU, recognition and enforcement follow the EU Maintenance Regulation as well as the member state concerned and the type of title. For third states it depends on the route that state provides, frequently through the Central Authority. That is why the title has to contain what will later be needed across borders: quantified instalments, due dates and, where income fluctuates, a variation mechanism.
I bill by time; my hourly rate is 280 euros plus 19% VAT, and the statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. You receive an invoice with a detailed record of the work done. Where there is a foreign element, billing by time is the honest approach, because the effort varies considerably. The costs of foreign bodies and of translations are additional.
Have cross-border maintenance examined
Describe briefly who lives where and what has already been paid or recorded in a title. In the initial consultation we clarify jurisdiction, the next step and the documents I need. Advice throughout Germany, by video or phone, in German or English.
INTERNATIONAL FAMILY LAW
Cross-border maintenance: your lawyer
Where the person liable for maintenance lives abroad and the child here, or the other way round, three further questions are added to the usual ones: which court decides, does the enforceable title also hold good in the other state, and how to get at the income figures. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL, and I handle maintenance matters with a foreign element throughout Germany, by video or by phone.
Cross-border maintenance: three questions before the calculation
Jurisdiction and recognition: the EU Maintenance Regulation
Maintenance matters with a foreign element within the European Union are governed by the EU Maintenance Regulation (Regulation (EC) No 4/2009). It governs which court can have jurisdiction and contains rules on the recognition and enforcement of maintenance decisions in other member states.
An enforceable title against a payer who has left Germany is therefore not worthless. How it gets to enforcement, however, depends on the state concerned and on the particular decision. Outside the EU, what matters is the state of residence and the conventions in force there.
The Federal Office of Justice as Central Authority
Where the person liable for maintenance is staying in another state, the Federal Office of Justice, as the German Central Authority, can help to assert statutory maintenance claims in and out of court, and charges no fees for doing so.
The route depends on the payer's state of residence: EU member states run through the EU Maintenance Regulation, contracting states of the 2007 Hague Maintenance Convention, including the USA, the United Kingdom, Norway and Turkey, and contracting states of the 1956 UN Maintenance Convention, including Switzerland and Australia. The Federal Office cannot assist worldwide. Its list of states is what counts.
Income earned abroad
Harder than jurisdiction is usually the basis for the claim: income earned abroad has to be disclosed and documented, and the self-employed produce no payslip. Rights to information can be asserted across borders too, but enforcing them takes longer, and foreign employers rarely reply to letters in German.
For child maintenance, the cost of living in the child's state of residence can play a part. I only give specific figures with a specific calculation. Flat numbers from the internet lead in the wrong direction particularly often where there is a foreign element.
Titles and enforcement across borders
A calculated claim only helps once it is recorded in an enforceable title. Within the EU the rules of the EU Maintenance Regulation apply to a German maintenance title. Recognition and enforcement depend on the member state concerned and on the type of title. For third states it depends on the route that state provides, frequently through the Central Authority.
That is why the title has to contain what will later be needed across borders: quantified instalments, due dates and, where income fluctuates, a variation mechanism. Arrears can only be recovered on the basis of a title.
What makes maintenance across borders expensive
01
Waiting until the payer is abroad
Anyone who only acts once the payer has emigrated is negotiating without leverage. Problems with service, missing information and months of delay follow. Obtaining an enforceable title before the move is the simplest way to avoid exactly that.
02
Giving up on information because everything is abroad
Without documents every figure is an assertion, and no maintenance is awarded on assertions. What is left at the end is a settlement that can hardly be corrected later. The right to information is asserted across borders too, and the order stays the same: documents first, then the calculation.
03
Mixing national and international cases in one calculation
If the payer or the child is abroad, jurisdiction, recognition and enforcement come in as separate questions. They cannot simply be run as national proceedings.
How I proceed
01
Sorting out the position
First we sort out the position: where the payer lives, where the child lives, which nationalities are involved, and whether an enforceable title already exists.
02
Setting the course
Then comes the choice of route: German proceedings, recognition of a foreign title, or the route through the Federal Office of Justice.
03
Documents and information
In parallel I draw up the list of documents, proof of income and, for the self-employed, profit statements covering several years, and formally demand any missing information.
04
Calculation and enforceable title
With the documents I work through the claim and have the result recorded so that it remains enforceable across borders. Where a foreign authority has to be involved, I coordinate the steps.
A typical situation
01
Father in Switzerland, mother with two children in Germany
There is no enforceable title, only an old oral arrangement that has not been kept for months. The answer runs through a demand for information with a list of documents and, if the deadlines pass empty, through the Federal Office of Justice. Only with reliable figures is the calculation done, and then the title obtained, with a variation mechanism.
Office in Cologne, maintenance across the border
My office is at Jakordenstrasse 8 in 50668 Cologne. Anyone coming from Cologne or the surrounding area, from Leverkusen, Bergisch Gladbach, Bruehl, Huerth, Kerpen or Frechen, is welcome to bring the documents in person. Otherwise they come by post or digitally, and we speak by video or phone, in German and in English.
Which court decides about maintenance follows the jurisdiction rules of the individual case and not the seat of my office. Local jurisdiction is the first thing I examine.
MORE TOPICS
More on international family law
YOUR QUESTIONS
Frequently asked questions
Within the EU, the EU Maintenance Regulation governs jurisdiction. The courts at the habitual residence of either the payer or the claimant come into question, among others. Several states frequently have jurisdiction, and the choice of court affects both the duration of the proceedings and enforcement. Outside the EU, the conventions and the national law of the state of residence decide. That examination comes at the start of any advice, before anything is calculated.
As the German Central Authority the Federal Office of Justice can help to assert statutory maintenance claims in and out of court where the liable person is staying abroad, and it charges no fees for this. The route depends on the state of residence: EU states through the EU Maintenance Regulation, Hague and UN contracting states through the respective conventions. Not every state is covered. The list of states is what decides.
By the same standards as in a national case: need, ability to pay, adjusted income, the protected minimum. The difference lies in the documents. Income abroad has to be disclosed and documented, for the self-employed through profit statements covering several years. For child maintenance the cost of living in the child's state of residence can play a part. The same applies to the cost of living of the person liable for maintenance in their state of residence.
Within the EU, recognition and enforcement follow the EU Maintenance Regulation as well as the member state concerned and the type of title. For third states it depends on the route that state provides, frequently through the Central Authority. That is why the title has to contain what will later be needed across borders: quantified instalments, due dates and, where income fluctuates, a variation mechanism.
I bill by time; my hourly rate is 280 euros plus 19% VAT, and the statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. You receive an invoice with a detailed record of the work done. Where there is a foreign element, billing by time is the honest approach, because the effort varies considerably. The costs of foreign bodies and of translations are additional.
Have cross-border maintenance examined
Describe briefly who lives where and what has already been paid or recorded in a title. In the initial consultation we clarify jurisdiction, the next step and the documents I need. Advice throughout Germany, by video or phone, in German or English.
INTERNATIONAL FAMILY LAW
Cross-border maintenance: your lawyer
Where the person liable for maintenance lives abroad and the child here, or the other way round, three further questions are added to the usual ones: which court decides, does the enforceable title also hold good in the other state, and how to get at the income figures. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL, and I handle maintenance matters with a foreign element throughout Germany, by video or by phone.
Cross-border maintenance: three questions before the calculation
Jurisdiction and recognition: the EU Maintenance Regulation
Maintenance matters with a foreign element within the European Union are governed by the EU Maintenance Regulation (Regulation (EC) No 4/2009). It governs which court can have jurisdiction and contains rules on the recognition and enforcement of maintenance decisions in other member states.
An enforceable title against a payer who has left Germany is therefore not worthless. How it gets to enforcement, however, depends on the state concerned and on the particular decision. Outside the EU, what matters is the state of residence and the conventions in force there.
The Federal Office of Justice as Central Authority
Where the person liable for maintenance is staying in another state, the Federal Office of Justice, as the German Central Authority, can help to assert statutory maintenance claims in and out of court, and charges no fees for doing so.
The route depends on the payer's state of residence: EU member states run through the EU Maintenance Regulation, contracting states of the 2007 Hague Maintenance Convention, including the USA, the United Kingdom, Norway and Turkey, and contracting states of the 1956 UN Maintenance Convention, including Switzerland and Australia. The Federal Office cannot assist worldwide. Its list of states is what counts.
Income earned abroad
Harder than jurisdiction is usually the basis for the claim: income earned abroad has to be disclosed and documented, and the self-employed produce no payslip. Rights to information can be asserted across borders too, but enforcing them takes longer, and foreign employers rarely reply to letters in German.
For child maintenance, the cost of living in the child's state of residence can play a part. I only give specific figures with a specific calculation. Flat numbers from the internet lead in the wrong direction particularly often where there is a foreign element.
Titles and enforcement across borders
A calculated claim only helps once it is recorded in an enforceable title. Within the EU the rules of the EU Maintenance Regulation apply to a German maintenance title. Recognition and enforcement depend on the member state concerned and on the type of title. For third states it depends on the route that state provides, frequently through the Central Authority.
That is why the title has to contain what will later be needed across borders: quantified instalments, due dates and, where income fluctuates, a variation mechanism. Arrears can only be recovered on the basis of a title.
What makes maintenance across borders expensive
01
Waiting until the payer is abroad
Anyone who only acts once the payer has emigrated is negotiating without leverage. Problems with service, missing information and months of delay follow. Obtaining an enforceable title before the move is the simplest way to avoid exactly that.
02
Giving up on information because everything is abroad
Without documents every figure is an assertion, and no maintenance is awarded on assertions. What is left at the end is a settlement that can hardly be corrected later. The right to information is asserted across borders too, and the order stays the same: documents first, then the calculation.
03
Mixing national and international cases in one calculation
If the payer or the child is abroad, jurisdiction, recognition and enforcement come in as separate questions. They cannot simply be run as national proceedings.
How I proceed
01
Sorting out the position
First we sort out the position: where the payer lives, where the child lives, which nationalities are involved, and whether an enforceable title already exists.
02
Setting the course
Then comes the choice of route: German proceedings, recognition of a foreign title, or the route through the Federal Office of Justice.
03
Documents and information
In parallel I draw up the list of documents, proof of income and, for the self-employed, profit statements covering several years, and formally demand any missing information.
04
Calculation and enforceable title
With the documents I work through the claim and have the result recorded so that it remains enforceable across borders. Where a foreign authority has to be involved, I coordinate the steps.
A typical situation
01
Father in Switzerland, mother with two children in Germany
There is no enforceable title, only an old oral arrangement that has not been kept for months. The answer runs through a demand for information with a list of documents and, if the deadlines pass empty, through the Federal Office of Justice. Only with reliable figures is the calculation done, and then the title obtained, with a variation mechanism.
Office in Cologne, maintenance across the border
My office is at Jakordenstrasse 8 in 50668 Cologne. Anyone coming from Cologne or the surrounding area, from Leverkusen, Bergisch Gladbach, Bruehl, Huerth, Kerpen or Frechen, is welcome to bring the documents in person. Otherwise they come by post or digitally, and we speak by video or phone, in German and in English.
Which court decides about maintenance follows the jurisdiction rules of the individual case and not the seat of my office. Local jurisdiction is the first thing I examine.
MORE TOPICS
More on international family law
YOUR QUESTIONS
Frequently asked questions
Within the EU, the EU Maintenance Regulation governs jurisdiction. The courts at the habitual residence of either the payer or the claimant come into question, among others. Several states frequently have jurisdiction, and the choice of court affects both the duration of the proceedings and enforcement. Outside the EU, the conventions and the national law of the state of residence decide. That examination comes at the start of any advice, before anything is calculated.
As the German Central Authority the Federal Office of Justice can help to assert statutory maintenance claims in and out of court where the liable person is staying abroad, and it charges no fees for this. The route depends on the state of residence: EU states through the EU Maintenance Regulation, Hague and UN contracting states through the respective conventions. Not every state is covered. The list of states is what decides.
By the same standards as in a national case: need, ability to pay, adjusted income, the protected minimum. The difference lies in the documents. Income abroad has to be disclosed and documented, for the self-employed through profit statements covering several years. For child maintenance the cost of living in the child's state of residence can play a part. The same applies to the cost of living of the person liable for maintenance in their state of residence.
Within the EU, recognition and enforcement follow the EU Maintenance Regulation as well as the member state concerned and the type of title. For third states it depends on the route that state provides, frequently through the Central Authority. That is why the title has to contain what will later be needed across borders: quantified instalments, due dates and, where income fluctuates, a variation mechanism.
I bill by time; my hourly rate is 280 euros plus 19% VAT, and the statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. You receive an invoice with a detailed record of the work done. Where there is a foreign element, billing by time is the honest approach, because the effort varies considerably. The costs of foreign bodies and of translations are additional.
Have cross-border maintenance examined
Describe briefly who lives where and what has already been paid or recorded in a title. In the initial consultation we clarify jurisdiction, the next step and the documents I need. Advice throughout Germany, by video or phone, in German or English.