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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11255
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Dear justanswer Lawyer, I am Canadian citizen studying abroad

Customer Question

Dear justanswer Lawyer,

I am Canadian citizen studying abroad in Germany. In addition I was aiming to start my Masters in Oct '13 and have currently an income of about 700 EUR and am unfortunately in depth ~8000 EUR.

I had a few times a sexual intercourse with a polish girl in Feb, March '13.
She assured me that she takes the pill regularly. After the few times we meet, I insisted that she gets professional pregnancy test in May '13. She replied that she has been tested by ultrasonic and she is not pregnant.
Now last night I get the news that she is pregnant in her 19th week and I found out today that she has never taken the pill.

She wants to keep the baby. And by every hour I talk to her more lies come out of her closet. The possibility is given that she aborts the baby up to the 22nd week in Holland. She does not want that and seems to be not shocked nor has any guilt - at all - through the whole incident.

In my eyes this is absolute fraud and I wanted to sincerely XXXXX XXXXX what the legal consequences and risks are for me towards the mother and child according to child support and maybe even alimony?! (she does not have an income and lives with the parents)

Sincereley Yours
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,

good morning and thank you for using Just Answer.

First


If mother and child are in Germany German Law is applicable

If she goes back to Poland Polish Law is applicable


In Germany the legal situation is as follows

No matter how the mother lied to you, you are still obliged to pay child support and you are still related to the child with all the cosequences involved like the child is your legal heir

The law does not make any difference between wanted children and children that are not wanted and the law does not punish the child for waht his or her mother is like.


So first of all there is the child support which is absolutely mandatory.

According to German Law you have the obliagation to to everything you can to provide child support which is currently 225 Euro a month

You have to take on every job, maybe even two jobs to provide child support

In your case however an exception will be made as you are still a student

You will be allowed to finish your studies of course


Your income is too small to be obliged to pay child support so the debts you have do not matter

You have to have 1000 Euro for yourself


As to the mother she gets support the first 3 years

Your current income is not enough to pay for the child let alone pay for the mother


After you have finished your studies it depends on the income you have but the child always comes first


I hope I was able to provide you with some valuable information


Have you got any more questions ?


Please be my guest
Customer: replied 1 year ago.

 


Dear Ms. Schiessl, Thank you very much for your advice.


 


I have to say that this simply does not make any sense to me according to human rights.


 


Through her actions without my knowledge - actually proactively lying and hiding about not taking the pill and not having a professional pregnancy test - we are in this situation and since - she - decides to not get an abortion - which is her decision - there are going to be the consequences.


 


Furthermore I talked to my lawyer in Canada. She said that this has been obviously planned through by her. It would be common in many cases, where the mother is not a German citizen and is in a financially hard situation, decides and plans to born a child in a country to simply get full legal support in the foreign country - even within the EU. My lawyer emphasized that this is not human to me nor the child and this would be fraud.


 


In addition she highly adviced me to get a lawyer here in Germany, sense she does not know the details on German family law. If I decide for an attorney, I am not in a situation to pay for the process as a student. Do I have any way to get supported on this?


 


How is it possible that I would have to pay for her alimony? We have not been married, not lived together, we haven't even been in a relationship - which she knows and admits.


 


I will be finished with my Bachelor by the end of next month. Do I have the right to start studying Masters under the cir cum stances?


 


Doesn't it make any difference, that I am a Canadian citizen and will go back to Canada after my studies?


 


Thanks a lot again.


 


Sincerely yours

Expert:  legal eagle replied 1 year ago.
Dear Customer,I am a certified German family lawyer ( Fachanwalt für Familienrecht)First it does not matter which nationality you have or the mother have.The law is always the law where the child resides.It does not matter whether she lied or cheared.You as the father have to pay child support no matter whatOnce you earn enough money there is no way out.You will be allowed to finish your studies with. the masterOnce you have finished and you earn enough money you will have to pay child support and alimony for the mother, but alimony only until the child is 3 years oldYou have to pay alimony for her simply by being her child' s father.Whether there was a relationship or not is not importantIf you live here in Germany you may be eligible for legal aidIf I have helped I would very much appreciate getting a positive feedbackI get paid that way and you are helping to maintain our service which is providing our clients with English speaking German lawyers . even on the weekend, ony a mouseclick away
Customer: replied 1 year ago.

Dear Ms. Schiessl, thank you on the feed back. I understand... just two questions are left open:


 


If I decide for an attorney, I am not in a situation to pay for the process as a student. Do I have any way to get supported on this?


 


And the following point is not really clear to me. I am within finishing my Bachelor's degree by the end of the next month.


Is it absolutely OK to start with my Master's? I haven't started with it yet.


 


Thanks a lot.

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

it is common knowledge that a bachelor' s degree won't get you far on the job market so it has to be followed by a master's degree and mother and child have to accept that.

You are entitled to legal aid , of course

The attorney you are going to take will explain to you what steps to take to get it
Customer: replied 1 year ago.

Thanks a lot Ms. Schiessl, you have been a great help. please let me leave this chat to be open for a few days if I have any further questions to this conversation. Of course I will close it then and rate you with the excellent information you have provided me. Thank you!

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


you can alway come back here after you have rated me positively

Some of my clients come back after months


Only when and if you rate me positively I will get my share out of your deposit

thank you
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11255
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear legal eagle,


 


What would happens if I refuse to have custody over the kid and fatherhood test and move back to Canada?


Will the Jugendamt take care of the new born?


 


Thank you!

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


custody is the legal right to decide the matters concerning the child


In Germany the mother automatically has sole custody


There is a difference between custody and paternity

Psternity means that you are the legal father and therefore have to pay child support and so on


Iy you refuse acknowledment of paternity she can sue you for it even when you are back in Canada

It may take some time but there are ways to so so


Customer: replied 1 year ago.

Dear legal eagle,


 


since I am a Canadian citizen, I have German "Aufenhaltsgenähmigung" to be able to study here. I have this title, because my step father here in Germany, officially supports me financially.


What would happen if I go to Canada. Will he be asked to pay instead of me?


 


Thanks a lot for your help.

Expert:  legal eagle replied 1 year ago.

Dear Customer,


oh no, he is not related to the child
Customer: replied 1 year ago.

Dear Mis Schiessl,


 


thank you for your last reply, you have been a great help so far and I have recommended this platform to many of my friends because of your great help.


 


In addition, I have the following question, which came up during the process described above:


As I understood, as long as I am a student and earn max. 1000 EUR a month, I am aloud to keep my income.


Is this amount brutto or netto income?


As a student it is normal to work less within the semester and not work at all during the exams. To cover the costs and even up their income, students naturally work more or even full time in their semester breaks. So would I be aloud to keep my full income, if lets say I earn 2 months a year nothing and instead two months a year, each 2000 EUR per month? So the question is, will the Jugendamt calculate with max. 12000 EUR a year, what the father can keep to himself or always 1000 EUR a month, even as a student under the described circumstances?


 


Thanks a lot for your professional advises.


 


Best Regards

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


the income is always net and it is calculated per year
Customer: replied 1 year ago.

Thanks legal eagle.


 


I have two final questions:


1. Do I have to pay back the Jugendamt for the time they have covered the costs (first three years where I earn under 12000 EUR / year) for me, once I am done with my studies and earn good money?


2. As a student I have the right on "Wohngeld". Is this included in the 12000 EUR / year or excluded? (For instance I earn 12000 EUR / year plus 2000 EUR / year Wohngeld = 14000 EUR / year. Would I have to pay 2000 EUR to the Jugendamt or am I aloud to keep the Wohngeld)


 


Thanks a lot again!

Expert:  legal eagle replied 1 year ago.
dear ycustomer,

for the time you cannot afford to pay child support you are not obliged to pay anything back


Wohngeld is considered as income

It is how much you earn per year divided per 12
Customer: replied 1 year ago.

Dear legal eagle,


thanks for your last response. You have been a great help as always. I have two quick questions:


1. The mother wants me to sign that I am the father, otherwise she is saying that she will be deported with the child back to Poland after the birth. Is this true? and when yes what kind of risks do I have, if I help her out with that? Can she refuse a paternity test after that?


2. Who's family name will the child have legally? the mothers or the fathers?


Thanks a lot and best regards

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

Poland is in the EU as is Germany. So she can stay wherever she likes, so not true


Legally the mother´s name
Customer: replied 1 year ago.

 


Dear legal eagle,


 


thanks for your reply once again. If I decide to sign that I am the father out of personal reasons, do I still have the right on the paternity test after the child is born?



And if I do sign the papers, is there any additional risks then if I do not sign?


 


Thank you and best regards.

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


if you sign the acknowledment that you are the father and have serious doubts about your paternity , contesting the paternity afterwards is going to be a bit of a problem.
Customer: replied 1 year ago.

Dear legal eagle,


 


what kind of problems would these be and what can I do to solve these problems? (if I acknowledge to be the father before the birth)


Would for example a signed letter from the mother help, in which she guarantees a permission for the paternity test after the birth of the child?


 


Best Regards

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



you can contest paternity within 2 yeasrs of having doubt that you are the father.

Thsi is the absolute deadline and after the 2 years contesting is not possible any more so you are stuck with being the father

Also contesting requires a motion before family law court and there has to be an expertise which costs money.


So if you are not absolutely 100 % sure do not acknowledge paternity

A signed letter would be worthless


Customer: replied 5 months ago.

Dear Ms Schiessl,


According to the information above - for the time the father cannot afford to pay child support he is not obliged to pay anything back.


According to the single-parent advisor of the child - Jugendamt will pay the mother "Unterhaltsvorschuss", which is 133 € per month AND The father is obliged to pay this amount back, once his income is high enough. Is this correct?


Thanks a lot for your support!

Expert:  legal eagle replied 5 months ago.
Yes this is correct
Customer: replied 2 months ago.

Dear legal eagle,


In case the parents of a child are separated (actually never have been together) - how old does the child need to be, so that the father legally has the privilege too meet with the child in absence of the mother?


Thanks a lot for your competent replies.

Expert:  legal eagle replied 2 months ago.
Dear Customer,


About one year of age

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