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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11534
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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This question relates to Child Support/Maintenance payments

Resolved Question:

This question relates to Child Support/Maintenance payments ( Regelbetrange) assessed on a UK domiciled Biological Father by the German Authorities ( Fachbereich Jugend und Familie) to a Child born and resident in Germany.

The 23 year old Father is about to be assessed to make payments in accordance with the Dusseldorf Chart. He is unlikley to have sufficient income to make any or all of these payments. Some German articles that we have read suggest that if the Father cannot pay, then the Child's Grandparents may have to pay ( I saw a reference - IAW 1607 BGB).

The Question is ' if under German Law - the Grandparents are obligated to make payments when the Father is unable to do so - Does that Law have any standing/enforceability under UK Law on Grandparents of the Father , residing in the UK?'
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,

thank you so much for using Just Answer.

My name isXXXXX am a Family Law specialist and I shall try to help you.

First of all with child support the law that is applicable depends on where the child is domiciled.

So if the child is domiciled in Germany German Law is applicable, no matter where the child' s father lives.

It is also true that blood relations in direct line like parents or grandparents or children are legally respomsible for paying each other Support.

So if the father is not capable of paying child support all 4 grandparents are responsible for paying child Support.

How much every grandparent owes depends on his or her income.


So if the child support is 250 Euro , one grandparent may owe 100 Euro, the other may owe 50 Euro and the third grandparent the rest and the fourth grandparent

So all 4 grandparents have to pay part of the child support depending on their income.
If I have helped I would very much appreciate a laughing smilie
Customer: replied 1 year ago.

 


Thank you for the reply. I understand and know that German Law applies but is that enforceable in the UK ?. I am not sure there is any reciprocity agreement with the UK. The situation is that the Child is a consequence of a 'one night stand' overseas and there has never been any relationship between the Father and Mother. The UK based parents of the Father are both 'retired' and do not see why they should be called upon to make any payments to a Child and Mother who they may never ever see. If thet did not pay what would happen ?

Expert:  legal eagle replied 1 year ago.
Dear Customer,

Thank you for replying

As there are mutual treatees between the EU countries child support is easily executable in theEU.

Unfortunately for the obligation to pay child support it does not matter whether the child is the result of a longlasting relationship or of a one-night -stand

If I have answered your question please Click on a laughing smilie
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11534
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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