Notarisation of maintenance claims

Does your child not live with both parents in the same household? Then he or she is entitled to "cash maintenance" from the parent living away from the household.

Description

If a child does not live with both parents in the same household, it is entitled to cash maintenance from the parent who does not live in the same household, and the child can choose between fixed (quantified) and dynamic maintenance. As a rule, half of the statutory child benefit is offset against the cash maintenance.

Under special conditions, the parent caring for the child can assert their own maintenance claims against the parent outside the household for a period of at least three years after the birth of the child (= childcare maintenance).

The amount of maintenance is primarily based on the personal and financial circumstances of the person liable for maintenance and must be set out in a corresponding enforcement document for the purposes of judicial enforcement.

Titling at the Youth Welfare Office is only possible in the two constellations mentioned above (maintenance claims from children or caring unmarried parents).

The responsibility for processing the case depends on the surname of the child.

The amount of maintenance claims depends primarily on the personal and financial circumstances of the parent liable to pay. For advice, you can contact the initial counselling service provided by the Child Support Department of the Munich Youth Welfare Office.

The child is entitled to an enforceable maintenance title. Once the maintenance claim has been finally calculated, the parent liable for cash maintenance can have this specific maintenance claim for their child recognised by the youth welfare office.

A declaration of maintenance obligation can only be notarised

  • by prior appointment and only
  • in person before a notary.

Prerequisites

You understand and speak sufficient German.

If not, an interpreter is required for the notarisation. This person needs a valid identity document and must not be related to you by blood or marriage. If you are unable to bring someone with you, we will provide you with an interpreter free of charge.

Required documents

In order to arrange a notarisation appointment, the Youth Welfare Office requires the following documents (copies) or information from you in advance:

  • Valid identification document of the parent liable for maintenance (identity card or passport)
  • Marital status, telephone number, address and, if applicable, e-mail address of the parent liable for maintenance (please state informally)
  • Documents relating to the maintenance to be notarised, for example a letter from the parent responsible for maintenance, the youth welfare office or a law firm stating specifically which maintenance amounts or percentages of the minimum maintenance are to be notarised and from which date
  • Birth certificate of the child, if it is a first-time obligation.
  • Previous maintenance order, for example: deed, court order or judgement, if it is a modification.
  • Details of any public benefits received by the child, e.g. advance maintenance payments, social benefits, economic youth welfare.

This list is not necessarily exhaustive; further documents may be required.

The documents can be sent to the Youth Welfare Office via the online form, by e-mail (attachments only in PDF format) or by post. If you have any questions, we will be happy to help you.

Duration & Costs

Fees

There are no fees.

Landeshauptstadt München

Sozialreferat
Urkundsangelegenheiten

Internet

Postal address

Landeshauptstadt München
Sozialreferat
Urkundsangelegenheiten

Werner-Schlierf-Straße 9
81539 München

Fax: +49 89 233-67532

Address

Werner-Schlierf-Straße 9
81539 München

Wenn uns alle zur Beurkundung nötigen Angaben oder Unterlagen vorliegen, rufen wir Sie an und machen einen gemeinsamen Termin mit Ihnen aus. Bitte nutzen sie dafür unser Kontaktformular.

Accessibility

  • Available:Barrier-free access
  • Not available:Disabled parking

Access is barrier-free, lift in the building

Related services

Advise adults (under 21 years of age) on maintenance issues

Adults who are unable to fully cover their maintenance needs from their own resources may be entitled to maintenance from both parents

Managing guardianship

Assistance: legal representation of underage children in establishing paternity and claiming child maintenance.

Legal advice on paternity and maintenance issues

We advise on maintenance claims for underage children and young adults up to their 21st birthday as well as on carer's maintenance.