I am English and my ex parter is German and currently still lives in Germany with my two children.
We were never married.
She currently lives in Penzberg.
Until 18 months ago I paid her monthly maintenance and I visited the children as often as I could afford to. This arrangement was made between ourselves with no involvement from the courts.
At Christmas 2010 she suddenly refused to let me see the children anymore, this is when I then halted the maintenance payments.
Through the period from christmas 2010 until now, I have repeatedly tried to contact the mother to explain that as soon as she grants me access to the children I am more than willing to resume maintenance payments.
Recently she has been to the courts (Amtsgericht Munchen) and the last correspondence I had, has given me a 2 week appeal period and asked for me to employ a German lawyer. They have advised me of the amount of retrospective pay I owe but have not given any indication that I will be allowed to see them.
Understandably I am reluctant to pay for the children over the time I have missed with them as it was their mother's decision.
Would you be able to explain the process to me and what I would be using the lawyer to negotiate with or appeal against?
State/Country relating to question: Germany
Contacting the children's mother directly.
Contacting Jungendamt directly.
SpContacted Amtsgericht Muchen.
Dear Customer,I just noticed the attachments.What you have received is a so- called Versäumnisurteil a judgment by default or judgment in absence.This means that you have gotten a court order that you have to pay 272 Euro of child support.This Versäumnisurteil gets valid if you do not contradict within 2 week`s time.You need a German solicitor to be able to do that.If you write to court on your own it is not a valid contradictionPlease give me some feedback
I always said I would be happy to pay and was withholding payment only because I was not allowed to see the children.I hoped the knowledge that I would be happy to begin to pay again would encourage her to let me visit them.As it was her that refused me access to my children is it definite that I will have to pay retrospectively?How do they calculate 272euros per child? They do not know what I earn. How much should it be if both children are 6 years old and I earn £24,000 before tax?Could you recommend a German solicitor who could help me in this case?Thank you for your help.Gary
Dear Customer,you must tell me what you earn after tax and per month.272 for a six year old is the Mindestunterhalt which is wagt every parent has to pay.If you have under 950 Euro per month thos can be reduced a bit.As I said visiting has nothing to do with child support.Tweo completely different matters altogether.Did you get a letter 18 months ago that you have to pay child support or when did you get it ?Please could you give me positive feedback ?I shall be glad to answer your questions after thatthanks
hello, I am sorry, I can only use this website on my phone at work, not the computer and I cannot see where to leave feedback? Of course it will be positive. I will try from home tonight.Per month I get £1400. But I take clothes and medicines for the girls when I visit.I also have to pay for flights, car hire, accommodation and food when I go to Germany.Is this taken into consideration?The letters from the authorities began about 9 months ago but the amount of maintenance asked for has differed greatly in these letters. Thank you.
Dear Customer,yes you can deduct the costs for visiting from your net income.But not the clothes and food but the car hire, accomodation, flights and such.You woluld have to calculate how much these costs are per month and deduct them from your income,In Euor you earn about 1800 Euro and what must remain for your own living are 950 Euro.So if I deduct 5 % from the 1800 Euro ( for professional expenses) I have still 1710 Euro.Deduct 540 Euro from that and you have 1.170 Euro.So you would have to have costs amounting to several hundred euros per month for visiting to get under the 950 euro and have to pay less.Also if you do not live alone teh amount of money that must remain is smaller it is about 750 Euro
More than 18 years of experience in practicing law
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