geman child support

[giggles94533]

My husband has been divorced from a german woman for over 10 years and we have been married almost 10 years. He has a 21 year old daughter who lives in Germany and also has dual citizenship in Usa. We are still paying child support because the mom took her to a psychiatrist and has labeled her handicapp. Under german law a child still recieves support until they are considered self sufficient and the doctor states she is not self sufficient. The daughter has been back here twice to live but keeps going back. Now she wants to come again to live, but the mom still has physical custody. The mom has finally stated she is willing to give up custody, I guess she is finally tired of her daughter not making up her mind. My question is what should we required in paper so that we know custody was given up and the child support can stop. by the way there is nothing wrong with his daughter she functions well in the us, she held a job and does well everytime she comes here. Her mom also takes the daughter child support money and does not even give her any support money. The daughter doesn't even live with her!
Help!!!!!!!!!!!!!!!!!!!!!!!

 

[NYClex]

Actually these are two different issues: Under German law unless the "child" is mentally so retarded that a court has appointed a guardian, a person reaches the age of maturity on his or her 18th birthday. On that day any parental custody rights cease, even if the person is not able economically to support herself. Mind: Only custodial rights cease, not child support obligations! In other words: a parent still can be obligated to pay child support, but has no rights for example in determining the residence of the child.

Under German law child support payments are made to the child, not the other parent. The other parent is only the custodian of those funds until the child reaches the age of maturity.

So in this case, the "child" has a right to be paid the child support payments, not the mother. The "child" has the sole right of determining her residence once she is 18.

If the daughter is able to work and has held jobs and demonstrated that she is self sufficient than you should file a motion to end child support payments in a German court. You have to hire a German attorney, though, since in German Family Court all parties must be represented by a German lawyer.

Once the daughter has established a residence in the U.S. though, jurisdiction would be in the U.S. court. American law might be applicable, which is very different from German law. So should she move to the States and stay for at least 6 months you might then want to consult with an American attorney specializing in international family law.