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Maintenance obligations and emigration: Your rights and responsibilities
Are you planning to emigrate and unsure how this will affect your maintenance payments? Emigration does not automatically change your obligations. International regulations make it difficult to escape maintenance responsibilities. Do you need support to enforce your claims? Contact us now to discuss your individual situation.
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Are you planning to emigrate and unsure how this will affect your maintenance payments? Emigration does not automatically change your obligations. International regulations make it difficult to escape maintenance responsibilities. Do you need support to enforce your claims? Contact us now to discuss your individual situation.
Are you planning to emigrate and unsure how this will affect your maintenance payments? Emigration does not automatically change your obligations. International regulations make it difficult to escape maintenance responsibilities. Do you need support to enforce your claims? Contact us now to discuss your individual situation.
Are you planning to emigrate and unsure how this will affect your maintenance payments? Emigration does not automatically change your obligations. International regulations make it difficult to escape maintenance responsibilities. Do you need support to enforce your claims? Contact us now to discuss your individual situation.
Learn how your maintenance obligations change when emigrating and which international agreements apply. We show you how to enforce your claims.
The duty to support when emigrating is a complex topic that raises many questions. What happens to your support obligations when you leave Germany? What rights do you have as a person entitled to support if the debtor moves abroad? This article provides you with a comprehensive overview of the legal framework and shows you how to enforce your claims. We at GoMovin understand that moving abroad brings many challenges. That's why we want to offer you some initial guidance with this article.
The legal foundations of maintenance law in Germany are regulated in the Civil Code (BGB) in sections 1601 and following. It stipulates who is entitled to maintenance (children, spouses) and under what conditions a claim exists. An important concept is the maintenance title, which may take the form of a judgment, order, or settlement. This title is the basis for enforcing maintenance claims, even abroad.
Our goal is to provide you with the necessary information so that you know your rights and obligations in connection with the duty to maintain and emigration. We show you how your situation can change through international agreements and regulations and what practical steps you can take to secure your claims. If you have any further questions or would like personal advice, we are happy to assist you. For more in-depth information on emigrating, we recommend our article Auswandern für Deutsche.
Emigration changes nothing: Maintenance obligation remains in place
Many people believe that relocating abroad simply nullifies the obligation to pay maintenance. However, this is a misconception. In principle: The maintenance obligation remains even if the person obligated to provide maintenance moves abroad. This means you are still required to pay maintenance, even if you no longer reside in Germany. However, the calculation of maintenance might change after relocation because, for instance, the cost of living abroad needs to be considered.
An important aspect is the imputed income. If you do not take up employment abroad, even though you could, an imputed income may be attributed to you. This means that maintenance is calculated as if you were earning a certain income. The Higher Regional Court of Hamm ruled in a judgement (II-2 UF 53/12) that a parent cannot evade their maintenance obligation by moving abroad and earning a lower income. You can find more information on this topic at vboe.de.
To ensure the payment of maintenance abroad, it is important to be informed about the applicable international agreements and regulations. These facilitate the enforcement of maintenance claims across borders. In the next section, we will take a closer look at these agreements. For more information on the best countries to emigrate to, visit our article on Emigration – Best Countries.
International Agreements: Enforcing maintenance obligations across borders
The enforcement of maintenance claims abroad is facilitated by various international agreements and regulations. Within the European Union, the EU Maintenance Regulation simplifies the recognition and enforcement of maintenance orders. This means that a German judgement regarding maintenance can generally be recognised and enforced in another EU country. Outside the EU, the Hague Maintenance Convention is applicable, which, for example, is valid in the USA and Turkey. This convention regulates the cooperation of contracting states in the enforcement of maintenance claims.
In addition to these agreements, there is also the UN Maintenance Convention of 1956, which is still relevant in some countries. It is important to know which agreement applies in each case, as this affects the procedure for enforcing claims. The German Federal Office of Justice (BfJ) is the central authority in Germany for the cross-border enforcement of maintenance claims. It supports those entitled to maintenance in submitting applications and collaborating with foreign authorities.
Despite these agreements, there are some challenges in the enforcement of maintenance claims abroad. These include locating the whereabouts of the maintenance debtor, currency fluctuations and different living costs. Recognition of German maintenance orders abroad can also be complicated and may require a so-called exequatur procedure. It is therefore advisable to seek legal advice early to determine the best course of action. For further information on financial security when emigrating, visit Perspective Abroad.
Enforcing maintenance claims: Here's how to proceed
If the obligor moves abroad and fails to meet their payment obligations, it is important to take action. In Germany, there are various central contact points that can assist you in enforcing your maintenance claims. The Federal Office of Justice (BfJ) is the main point of contact for cross-border maintenance enforcement. Here, you can apply for support. The youth welfare offices also offer support and assistance, particularly in asserting child maintenance claims. The local court is responsible for submitting applications and forwarding them to the BfJ.
For the application, you need various documents, such as the maintenance title, proof of income, and a registration certificate. There are standardized forms that need to be translated into the language of the target country. If you are on a low income, you can apply for legal aid or assistance with procedural costs. Switzerland is a special case, as the enforcement of German maintenance titles is facilitated by the Lugano Convention. A declaration of enforceability from the competent Swiss court is required, but no legalization or apostille. Further information on support from the youth welfare office can be found here.
To successfully enforce your maintenance claims abroad, it is advisable to seek professional assistance. A family law attorney can provide comprehensive advice and help you with the application and enforcement of your rights. In the next section, we will discuss the criminal consequences of evading maintenance obligations. For further information on job hunting abroad, please visit our article on emigrating – Job hunting.
Avoiding Maintenance Evasion: Understanding Criminal Consequences
Evading maintenance is not a trivial offence but a criminal act. Anyone who wilfully violates their obligation to pay maintenance can be punished with a fine or even imprisonment in accordance with Section 170 of the Criminal Code. A wilful violation of maintenance obligation occurs when the person responsible for payment does not provide maintenance despite being capable. If you suspect that the obligor is trying to escape their obligation by emigrating, you should report this to the public prosecutor's office.
To protect against maintenance evasion, there are various preventive measures. These include carefully documenting maintenance claims and regularly reminding the obligor in writing. Applying for maintenance advance can also be a useful measure to bridge financial gaps. In some cases, hiring a detective agency can be helpful to determine the whereabouts and financial circumstances of the obligor. The costs for the detective agency might be covered by the obligor under certain conditions. Further information on the punishability of maintenance evasion can be found at Scheidung.org.
It is important to emphasise that emigration itself is not punishable. It is only the wilful violation of the obligation to pay maintenance that is punishable. So if you are planning to emigrate, you should ensure that you continue to meet your maintenance obligations. In the next section, we will look at some special cases such as the maintenance obligation in the USA or the Philippines. For more information on choosing the right country to emigrate to, visit our article Emigration – Which Country to Choose.
Special cases: Maintenance in the USA, Philippines, and other countries
The enforcement of maintenance claims can vary in difficulty depending on the target country. In the USA, for instance, there are no direct international agreements for enforcing German maintenance orders. This means you must file a new case in the USA to obtain an American judgment. The Foreign Maintenance Act (AUG) simplifies the assertion of claims in some states like New York, New Jersey, Pennsylvania, and Connecticut. For more information on maintenance in the USA, visit Germany.info.
In the Philippines, German courts prioritise children in Germany when it comes to maintenance payments. Voluntarily giving up a job in Germany does not reduce the maintenance obligation. It is essential to familiarise yourself with the specific legal frameworks of each country and consult a specialised lawyer if necessary. You can find more information on this topic at Frag einen Anwalt.
Regardless of the destination country, it is important to seek legal advice before emigrating to clarify your rights and obligations. A family law attorney can help you initiate the necessary steps and secure your claims. In the next section, we will discuss the role of a family law attorney and the costs of legal advice. For further information on the enforcement of maintenance claims abroad, visit Unterhalt.com.
Legal advice secures claims: How to find the right lawyer
A family law solicitor can assist you with all matters concerning maintenance obligations and emigration. They advise you on your rights and obligations, represent you in court, and support you in enforcing your claims abroad. The cost of legal advice can vary depending on the scope of the work. For individuals with low income, there is the possibility of advice assistance or legal aid. In some cases, the cost of legal advice can also be reimbursed by the person obliged to pay maintenance.
For the consultation, you will need various documents, such as the maintenance order, proof of income, and a registration certificate. It is important to have all relevant information and documents ready to enable the solicitor to provide comprehensive advice. The central authority at the Federal Office of Justice offers support in enforcing maintenance orders in Switzerland and corresponds with the Swiss authorities.
Choosing the right solicitor is crucial for the success of your maintenance claims. Look for a specialisation in family law and experience in the area of international maintenance enforcement. A competent solicitor can help you protect your rights and successfully enforce your claims. In the next section, we will answer some frequently asked questions about maintenance obligations and emigration. You can find more information about the role of a solicitor on Ask a Solicitor.
FAQ: Answers to Your Questions about Maintenance Obligations Abroad
Hier beantworten wir einige häufige Fragen zum Thema Unterhaltspflicht und Auswanderung:
Bin ich unterhaltspflichtig, wenn ich im Ausland lebe? Yes, the obligation to provide maintenance generally remains in place.
Kann ich auswandern, wenn ich Unterhalt zahle? Yes, but maintenance payments must be ensured.
Wie viel Unterhalt bekomme ich, wenn ich ausziehe? The amount of maintenance depends on various factors (income, age of the child, etc.).
In welchen Fällen entfällt die Unterhaltspflicht? When the child reaches adulthood, the child has sufficient income of their own, or if the claim is forfeited.
Diese Antworten geben Ihnen einen ersten Überblick. However, for individual advice, you should consult a family law attorney. Weitere Informationen zu diesem Thema finden Sie auf Rund ums Baby.
Im nächsten Abschnitt fassen wir die wichtigsten Punkte zusammen und geben einen Ausblick auf zukünftige Entwicklungen im Bereich der internationalen Unterhaltsdurchsetzung. Further information on fleeing abroad and its consequences can be found on Auswandern Info.
Maintenance obligations abroad: Secure your claims
The maintenance obligation when emigrating is a complex topic that raises many questions. In this article, we have summarised the key points and shown you how to secure your entitlements. Emigration does not change the maintenance obligation. International agreements facilitate enforcement. Legal advice is essential.
We at GoMovin are happy to support you with your move abroad and help you complete all necessary formalities, including clarifying your maintenance obligations. Contact us for a non-binding consultation. For more information on calculating maintenance when living in Switzerland, visit Unterhalt.com.
International cooperation in the field of maintenance enforcement will be further simplified in the future. Awareness of maintenance evasion will also increase. Technological innovations will make it easier to determine whereabouts. Stay informed and secure your entitlements. Government grants for relocations offer an excellent opportunity to make your international move stress-free. Whether it's a complete new beginning or relocating your main residence, the available funding programmes make moving abroad attractive and financially accessible.
With our comprehensive advice and support in planning and executing your move, we help you avoid potential problems. By choosing GoMovin, you invest in a smooth transition to your new life. You not only reduce your stress but also secure professional support in all matters. Now is the perfect time to explore the possibilities for your project. Contact us today to start your individual consultation and plan your move quickly and easily.
Further useful links
The Bundesministerium der Justiz provides information on the BGB and maintenance law.
Eurostat provides statistics on migration within Europe.
FAQ
What happens to my maintenance obligations if I move abroad?
In principle, maintenance obligations remain even when emigrating. However, the calculation may change as, for example, the cost of living abroad is taken into consideration.
How can I enforce my maintenance claims if the obligated party moves abroad?
There are various international agreements and regulations, such as the EU Maintenance Regulation and the Hague Convention on Maintenance, that make enforcement easier. The Federal Office of Justice (BfJ) is the central contact point.
What is an imputed income and how does it affect my maintenance obligations?
If you do not take on reasonable work abroad, imputed income may be credited to you. Maintenance is then calculated as if you were earning this income.
What role does the Federal Office of Justice (BfJ) play in the enforcement of maintenance claims abroad?
The BfJ is the central authority in Germany for the cross-border enforcement of maintenance claims. It assists with the application process and cooperation with foreign authorities.
What are the criminal consequences of maintenance evasion?
Anyone who wilfully violates their maintenance obligation can be punished with a fine or even imprisonment according to § 170 StGB.
What can I do if the obligated party emigrates to the USA?
In the USA, there are no direct international treaties for enforcing German maintenance titles. You must file a new lawsuit in the USA. The Foreign Maintenance Act (AUG) simplifies enforcement in some states.
What documents do I need to assert my maintenance claims abroad?
You need the maintenance order, proof of income, and a registration certificate. There are standardised forms that need to be translated into the target country's language.
Where can I find a family law solicitor experienced in international maintenance enforcement?
When choosing a solicitor, ensure they have a specialisation in family law and experience in international maintenance enforcement. The bar association can assist you in your search.
