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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11998
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Hi, My wife and I divorced in Germany over 10 years ago.

Resolved Question:

Hi,

My wife and I divorced in Germany over 10 years ago. Since then I have paid child maintenance, in accordance with the Dusseldorf chart, for my son (born Oct 92) that lives with my ex wife.

My son studied at a Fachhochschule until late last year, and has now moved to the USA with my ex-wife, where he may try to study again.

He will be 21 in October. Regardless of whether he studies or not, am I now able to stop paying child maintenance?

Thanks in advance
Davy
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,


thanks for requesting me

I am afraid that the fact that he turns 21 does not allow you to stop paying child maintenace according to German Law.


Even when the kids are over 18 the parents have to pay child maintenance until the kid has finished his or her education


This is German Law.


As he now lives in the US and you live in the US as well it may be diferent according to US Law

In my opinion US Law is applicable if he has taken up permanent residence in the US


It may be different in US Law which I am not an expert in



I hope I was able to help


Customer: replied 1 year ago.

Hi, thanks for the reply.


 


As I still live in Germany, and he lives with his mother in the US, I guess German law still applies.


 


If he is no longer studying, then I can stop payments thought right?


 


Regards, Davy

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


according to German Law you only owe him money as long as he studies.

If he stops you do not owe him any support

As long as he is not studying he is not a so-called privileged over 8 year old so that if he wants to have support he would have to file for it in German family court as you are residing in Germany
Customer: replied 1 year ago.

Many thanks again.


 


One last question, he completed his studies in Germany late last year, and may decide to take some courses at a technical college in the USA.


 


How does one qualify "studying" in relation to Germany Law when making child maintenance payments?


 


Thanks in advance,


Davy


 


 

Expert:  legal eagle replied 1 year ago.
Dear Customer


parents owe their children ONE education which qulifies them to make their own living

If the additional courses he does are part of his education or a necessary further qualification like master then child support has to be paid
Customer: replied 1 year ago.

super, that helps


Many thanks

Expert:  legal eagle replied 1 year ago.
You are very welcome


A smiling smilie would be greatly appreciated


Thank you so much
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11998
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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