International Issue German Family Law - When does support end?

[SteveRobertson]

I am an American with a 5 year old child born in Germany. I have acknowledged paternity and have paid support to the Youth Welfare Office. I recently learned that the mother has married. Under German Law, does that relieve my support commitment (either end or lessen it)? Does adoption by the new father relieve my support commitment? Please advise.

Thanks,
Steve

 

[Michael Wechsler]

You should probably contact the Youth Welfare Office. With regard to support, I would imagine that the pretext which the law is based upon is similar in most countries in that the welfare of the child is the most important factor. Thus, marriage may not be the primary factor and it would depend upon the income of the family. With regard to adoption, it may be the same but the YWO would be able to give you the best answer.

 

[TheBear]

Hi Steve,

A couple of questions. Does the child live in Germany or elsewhere? Do you live in Germany?

Based on some research I have been doing recently, the father/parents are liable for the support of a child in Germany until the child is 27 years old.

Also, if the child for example wishes to go to a college that is not free, the parents are obligated to pay for it as well as support the child while they are in college (most colleges in Germnay are free).

I don't know the age the child can do this, but they can sue the parents for their share of their "heritage" which basically means your money/property that they could reasonably expect to get on your death. In Germany there are limits to who you can leave stuff to when you die. Your spouse and children basically get most of it automatically, regardless of what your will states. There are exceptions of course.

The research I was doing was targetted mostly to gays that have children by artificial insemination. There was a recent case where 2 lesbians had a child by donor (a friend) and they sued and won support for the birth mother for a couple of years as well as regular support for the child.

There have been other similar cases. One I know of involved a woman that had an affair with a married man, she got pregnent, wanted to keep the child and as I have been told is able to collect support payments for three years from the father. During this time she is not obligated to work. And after she does go back to work, the father is obligated to pay until the child is 27. The woman this happened to is someone I work with, so it isn't a friend of a friend of a friend type story. The lesbian story was in the press.

You may be able to get custody of the child, but if you are not married and the mother is, I think this would be more difficult as it seems German courts seem to prefer to keep the child with the mother, especially if there are 2 parents.

Good luck, and I am not an attorney, I have just done some reasearch for personal reasons.

Dale

 

[NYClex]

under German law the parents are liable for the support of the child until it becomes an adult (that is 18 years of age) or until the child finishes the first vocational or academic education, but no longer than up to the 27th birthday.

Example:

Child A finishes German high school with 16 and becomes an apprentice. Finishes apprenticeship when he is 18. The parents do not have to pay after the 18th birthday, even if he does not find a job right away. The "first vocational education" was finished.

Child B finishes prep school with 19 and then goes to university to become a lawyer. She graduates only when she is 28. The parents have to pay for all costs of living including the education (as long as it is reasonable) up to the 27th birthday.

Child C also finishes prep school with 19, then does an apprenticeship as a bank manager, finishes this when she is 22. Then she wants to become a biologist and starts university. The parents only have to pay until she finished the apprenticeship, because the biology studies are not the "first" education. If she would want to make an MBA, though, they would have to pay, because that would be seen as a natural extension of the bank education.


Once someone else adopts a child the former parents are no longer liable.

 

[Michael Wechsler]

Thank you NYClex!

Originally posted by NYClex
under German law the parents are liable for the support of the child until it becomes an adult (that is 18 years of age) or until the child finishes the first vocational or academic education, but no longer than up to the 27th birthday.

Example:

Child A finishes German high school with 16 and becomes an apprentice. Finishes apprenticeship when he is 18. The parents do not have to pay after the 18th birthday, even if he does not find a job right away. The "first vocational education" was finished.

Child B finishes prep school with 19 and then goes to university to become a lawyer. She graduates only when she is 28. The parents have to pay for all costs of living including the education (as long as it is reasonable) up to the 27th birthday.

Child C also finishes prep school with 19, then does an apprenticeship as a bank manager, finishes this when she is 22. Then she wants to become a biologist and starts university. The parents only have to pay until she finished the apprenticeship, because the biology studies are not the "first" education. If she would want to make an MBA, though, they would have to pay, because that would be seen as a natural extension of the bank education.


Once someone else adopts a child the former parents are no longer liable.