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Emigrating and Maintenance Obligation: An Overview of Your Rights and Duties
The decision to emigrate is a big step. But what happens to your maintenance obligations? Whether it's child support or spousal support – the obligations remain. Find out how to act legally and which international agreements apply. Do you need assistance in clarifying your individual situation? Get in touch here with our experts.
The topic short and concise
The decision to emigrate is a big step. But what happens to your maintenance obligations? Whether it's child support or spousal support – the obligations remain. Find out how to act legally and which international agreements apply. Do you need assistance in clarifying your individual situation? Get in touch here with our experts.
The decision to emigrate is a big step. But what happens to your maintenance obligations? Whether it's child support or spousal support – the obligations remain. Find out how to act legally and which international agreements apply. Do you need assistance in clarifying your individual situation? Get in touch here with our experts.
The decision to emigrate is a big step. But what happens to your maintenance obligations? Whether it's child support or spousal support – the obligations remain. Find out how to act legally and which international agreements apply. Do you need assistance in clarifying your individual situation? Get in touch here with our experts.
Are you planning to emigrate and wondering how this will affect your maintenance payments? This article explains and shows you how to fulfil your obligations and protect your rights.
Are you planning to emigrate and concerned about your maintenance obligations? At GoMovin, we understand that an international move raises many questions, especially when it comes to financial commitments. The question of whether the maintenance obligation remains when emigrating is crucial. Generally speaking: yes, emigration does not automatically release you from your maintenance obligations. German law, specifically § 170 of the Penal Code, which criminalises the violation of maintenance obligations, remains relevant even abroad. We help you stay informed and understand your rights and obligations. Our comprehensive advice assists you in making all aspects of your international relocation stress-free and efficient. Learn more about our relocation assistance.
The violation of maintenance obligations is not a trivial matter. Failure to meet your maintenance obligations may result in legal consequences. It is therefore crucial to engage with the legal framework early on and ensure that you fulfil your obligations. The German maintenance law prioritises children in Germany over spouses or stepchildren living abroad. Voluntarily waiving income in Germany does not automatically reduce the maintenance obligation. We support you in clarifying your individual situation and show you how to meet your financial commitments even abroad.
The complexity of international maintenance claims can be challenging. It involves determining the residence and financial situation of the person obligated to pay maintenance and adjusting the claims to the cost of living abroad. This requires detailed knowledge of international laws and agreements. GoMovin offers comprehensive advice to overcome these challenges. We help you take all necessary steps to correctly fulfil your maintenance obligations and avoid legal issues. Our expertise in international relocation makes us your ideal partner.
International agreements simplify the enforcement of maintenance claims
In the enforcement of maintenance claims abroad, international agreements play a crucial role. The EU Maintenance Regulation and the Hague Maintenance Convention significantly simplify the recognition and enforcement of maintenance orders. These agreements create a framework for cooperation between different states and facilitate the cross-border enforcement of maintenance claims. The Hague Convention of 2007, for example, establishes central contact points and ensures mutual recognition of decisions. GoMovin supports you in utilizing these agreements to assert your rights abroad. Learn about our planning services.
The German maintenance law generally continues to apply abroad. This means that you are still obliged to pay maintenance if you relocate your residence abroad. However, the specific conditions and the amount of the maintenance claim can change, depending on living costs and legal regulations in the respective country. It is therefore important to inform yourself early about the specific regulations and, if necessary, adjust the maintenance claim. We offer comprehensive advice to ensure that you fulfill your maintenance obligations correctly and avoid legal issues. Our expertise in international relocation makes us your ideal partner.
The Federal Office of Justice plays a central role in supporting cross-border maintenance cases. It coordinates cooperation with foreign authorities and assists in asset tracing and residence investigations. This support is particularly valuable when the maintenance obligor attempts to evade their obligations by emigrating. GoMovin works closely with experts in international maintenance law to provide you with comprehensive and competent advice. We help you to take all necessary steps to enforce your maintenance claims and protect your rights. For more information, visit the Federal Office of Justice's website.
Child support abroad requires parental consent and adjustment
When it comes to child support abroad, there are several specific aspects to consider. An important point is the requirement for parental consent when relocating with children. If a parent wishes to move abroad with the child, they usually need the consent of the other parent. In case of disputes, the family court can be called upon to make a decision. GoMovin assists you in clarifying these issues and helps you find an amicable solution. Our expertise in international relocation makes us your ideal partner.
The effects of emigration on child support are diverse. It is important to note that the maintenance needs may change due to altered living costs abroad. Calculating child support with an international aspect therefore requires careful consideration of exchange rates and purchasing power. The maintenance claim must be adapted to the living standards of the respective country. The country group classification by the Federal Ministry of Finance and price level indices of the EU can be helpful here. We offer you comprehensive advice to ensure that child support is calculated fairly and appropriately. Our expertise in international relocation makes us your ideal partner.
Even if the maintenance debtor lives abroad, a fictitious income can be attributed. This means that the court considers not only the actual income of the maintenance debtor in the calculation of the maintenance claim, but also the income they could potentially earn. The burden of proof lies with the maintenance debtor to demonstrate that they are making adequate efforts to find suitable employment. If no sufficient efforts are proven, the minimum maintenance obligation remains. GoMovin assists you in clarifying these issues and helps you understand your rights and obligations. Further information on fictitious income after emigration can be found here.
Enforcing German maintenance titles abroad: Here's how
The enforcement of German maintenance titles abroad can be challenging, but it's not impossible. Fundamentally, the recognition of foreign judgments in Germany is necessary. This is usually done through a so-called exequatur procedure. However, within the EU (except Denmark and the United Kingdom), maintenance decisions after 18 June 2011 are directly enforceable. This means a German judgment can be enforced in these countries without further recognition procedures. GoMovin supports you in enforcing your maintenance claims abroad and helps you undertake all necessary steps. Our expertise in international relocation makes us your ideal partner.
The approach to enforcement varies by country. In Switzerland, for example, the Lugano Convention applies. For enforcement, a certified copy of the judgment and a declaration of enforceability are required. Support is available through the Central Authority at the Federal Office of Justice. In the United States, however, the challenges are greater. A new court proceeding in the respective US state is usually required. The Overseas Maintenance Act (OMA) simplifies enforcement in New York, New Jersey, Pennsylvania, and Connecticut. We offer you comprehensive advice to ensure that you can enforce your maintenance claims abroad. Our expertise in international relocation makes us your ideal partner. For more information on enforcement in the USA click here.
To enforce a German maintenance title abroad, the following steps are necessary:
Check enforceability: Ensure that the maintenance title is enforceable.
Recognition abroad: Apply for recognition of the title in the respective country.
Engage a lawyer: Hire a lawyer who is knowledgeable in international maintenance law.
GoMovin supports you in each of these steps to ensure that you successfully enforce your maintenance claims. Our expertise in international relocation makes us your ideal partner.
Evasion of Maintenance Obligations Abroad: Consequences and Strategies
The avoidance of maintenance obligations abroad is a common issue. Many individuals obligated to pay maintenance attempt to escape their responsibilities through emigration. However, it's important to know that the legal obligation remains, even though enforcement abroad can be more difficult. One of the biggest challenges is the difficulty of locating a residence due to the lack of registration requirements in some countries. GoMovin assists you in locating a residence and helps you protect your rights. Our expertise in international relocation makes us your ideal partner.
In the event of a breach of maintenance duty, criminal consequences may be faced. Section 170 of the German Penal Code provides for penalties up to imprisonment. Civil consequences may also arise, such as the seizure of accounts, property, real estate, stock portfolios, and pensions. Even transferring assets abroad to avoid maintenance obligations can be considered a breach of duty and lead to recovery by creditors. We offer you comprehensive advice to ensure that you correctly fulfil your maintenance obligations and avoid legal issues. Our expertise in international relocation makes us your ideal partner. More information about avoiding maintenance obligations abroad can be found here.
Another risk for those obliged to pay maintenance who flee abroad is the renewal of passports at German embassies/consulates. Here, the authorities can become aware of the maintenance obligation and take action if necessary. GoMovin supports you in clarifying these questions and helps you avoid legal issues. Our expertise in international relocation makes us your ideal partner.
Making Maintenance Claims: Practical Tips for Those Affected
What can you do if the person liable for maintenance moves abroad? Firstly, it is important to make the maintenance claims formally. One option is the maintenance advance, provided by the state if the liable party does not pay. Additionally, the youth welfare office can act as a guardian for the child and assist in enforcing the claims. GoMovin supports you in asserting your maintenance claims and helps you take all necessary steps. Our expertise in international relocation makes us your ideal partner.
The importance of documentation and communication should not be underestimated. Proof of income, court judgments, and agreements are essential documents that you should definitely keep. Furthermore, regular communication with all parties involved is important to avoid misunderstandings and find an amicable solution. Use modern communication technologies to stay in contact. We offer you comprehensive advice to ensure that you have all the necessary documents and can communicate effectively. Our expertise in international relocation makes us your ideal partner.
In complex maintenance matters, consultation with a specialised lawyer is essential. A lawyer can support you in enforcing claims abroad and advise you on the choice of law and adaptation of maintenance agreements. GoMovin works closely with experienced lawyers in the field of international maintenance law to provide you with comprehensive and competent advice. We help you to uphold your rights and enforce your claims. Further information on the topic of child maintenance abroad can be found here.
Divorce Abroad: Properly Assessing Maintenance Claims
A divorce abroad can significantly impact your maintenance entitlements. It is important to review existing agreements and, if necessary, adjust them to foreign law. Choice of law allows you to determine the applicable maintenance law. GoMovin supports you in clarifying these matters and helps you preserve your rights. Our expertise in the field of international relocation makes us your ideal partner.
The recognition of foreign divorce decrees in Germany is necessary to make the divorce legally binding in this country. There are special regulations within the EU that simplify recognition. We offer you comprehensive advice to ensure that your divorce is recognised in Germany and that your maintenance entitlements are upheld. Our expertise in the field of international relocation makes us your ideal partner.
It is advisable to inform yourself early about the legal consequences of a divorce abroad. This is particularly important when maintenance entitlements are involved. GoMovin supports you in clarifying all relevant questions and helps you preserve your rights. Our expertise in the field of international relocation makes us your ideal partner.
Technological advancement improves support determination
The technological advancement also impacts the determination of maintenance. The use of databases and online research facilitates improved methods for locating individuals and assets. This makes it easier to enforce maintenance claims, especially when the liable person attempts to evade their obligations by emigrating. GoMovin utilises modern technology to assist you in enforcing your maintenance claims. Our expertise in international relocation makes us your ideal partner.
The importance of prevention and education should not be underestimated. It is crucial to inform both those liable to pay maintenance and those entitled to receive it about their rights and responsibilities when moving abroad. Early awareness can help to avoid conflicts and reach an amicable solution. We offer comprehensive advice to ensure you have all the necessary information and understand your rights and duties. Our expertise in international relocation makes us your ideal partner.
GoMovin supports you with any questions related to the topic of emigrating and maintenance. We offer comprehensive advice to ensure you uphold your rights and meet your obligations. Our expertise in international relocation makes us your ideal partner.
Keeping maintenance obligations in mind: GoMovin supports you with emigration
Emigrating is a significant step that requires careful planning. In addition to the many logistical aspects, you should also keep an eye on your maintenance obligations. GoMovin assists you in taking all necessary steps to uphold your rights and fulfil your duties. Our expertise in international relocation makes us your ideal partner. We provide you with comprehensive advice to ensure that you have all the necessary information and avoid legal issues. Further information on maintenance when emigrating can be found here.
With GoMovin by your side, you can focus on your new life abroad with ease. We take care of all the details and ensure that your emigration goes smoothly. Our all-in-one solution for international moves includes personal consultation, legal support, property services, and cultural integration. We are your reliable partner for a stress-free and efficient relocation. Our services are tailored to your individual needs. We provide you with comprehensive advice to ensure that you have all the necessary information and avoid legal issues.
Are you ready for your next step? Contact us today to learn more about our services and how we can assist you with your emigration. We offer you personal consultation to understand your individual needs and provide you with the best possible support. Register now for free and receive a non-binding offer. We look forward to supporting you with your emigration! Contact us.
Further useful links
The Federal Office of Justice offers information and support in cross-border maintenance cases.
FAQ
What happens if I move abroad as the liable party and stop paying maintenance?
Emigrating does not release you from your maintenance obligations. Non-payment can result in criminal consequences according to § 170 of the German Criminal Code (violation of maintenance obligations) as well as civil measures such as account garnishment.
How is maintenance calculated if I live abroad?
Your income is adjusted to the cost of living in the respective country. Within the EU, comparable price levels from the Statistical Office of the European Union are used. Outside the EU, other comparative figures are used. The country group classification of the Federal Ministry of Finance is relevant if the entitled party lives abroad.
Can I reduce my maintenance obligation by emigrating?
No, voluntarily giving up income in Germany does not automatically reduce the maintenance obligation. Courts can attribute a notional income if you do not make enough effort to find adequate employment. The burden of proof lies with you.
Which international agreements facilitate the enforcement of maintenance claims?
The EU Maintenance Regulation and the Hague Convention on Maintenance simplify the recognition and enforcement of maintenance orders significantly. These agreements create a framework for cooperation between different states.
How can I enforce a German maintenance order abroad?
The procedure varies depending on the country. Within the EU (except Denmark and the United Kingdom) direct enforceability applies to maintenance decisions made after 18 June 2011. In other countries, a recognition process is usually required. The Federal Office of Justice provides support.
What is maintenance evasion and what are its consequences?
Maintenance evasion is the attempt to escape maintenance obligations by emigrating. This is a criminal offense and can lead to civil consequences. Additionally, authorities may become aware of maintenance obligations during passport renewal.
What can I do if the liable party moves abroad and stops paying maintenance?
You can apply for advance maintenance payments. The youth welfare office can act as a representative for the child and assist in enforcing claims. A specialised lawyer can assist you in enforcing claims abroad.
How does a divorce abroad affect my maintenance claims?
A divorce abroad can have significant impacts on your maintenance claims. It is important to review existing agreements and, if necessary, adapt them to foreign law. Recognising foreign divorce judgments in Germany is essential.
