International Child Support

Does a child live in Germany while one parent lives abroad? Do separated spouses reside in different countries? Or is a German or foreign maintenance order to be enforced across borders? In such cases, simply consulting a German calculation table is usually not enough.

In cases of international child support, several questions must be clarified in the correct order: Which court has jurisdiction? Which law applies? How are the recipient’s needs and the obligor’s ability to pay determined?

1. Five Answers Up Front

• A German residence is not the only possible basis for proceedings in Germany. In maintenance cases, the habitual residences of the recipient and the obligor can play a particularly important role.
• A German court does not automatically apply German maintenance law. Jurisdiction and applicable law are two separate issues.
• The Düsseldorf Table and German exemption amounts do not automatically apply in cases involving foreign elements. First, it must be determined which law governs the calculation and where the parties have their habitual residence.
• An existing judgment generally remains valid despite a move, but it does not change automatically. Recognition, enforcement, and modification must each be examined separately.
• Action should be taken early if payments are not made. Particularly important are any existing court orders, knowledge of the parties’ whereabouts, and, if available, income documentation.

2. What type of support is involved?

“International child support” is not a uniform claim. First, it must be determined what the matter concerns:

• Child support concerns the support a child is entitled to from his or her parents.
• Separation support may be relevant for the period between separation and the finalization of the divorce.
• Post-divorce spousal support concerns potential support claims between spouses after divorce.

These claims have different requirements and calculation methods. Therefore, a ruling on child support cannot simply be applied to separated or divorced spouses. Similarly, a choice of law made in a marital agreement does not determine which law applies to child support.

3. Which court has jurisdiction to decide on support?

A typical scenario is that either the person entitled to support or the person obligated to pay support lives abroad.

Within the scope of the EU Maintenance Regulation, courts at the habitual residence of the person obligated to pay maintenance or the person entitled to maintenance are particularly relevant. Under certain conditions, a court that is already handling a related status proceeding may also have jurisdiction. However, this does not mean that the court handling the divorce is also authorized to rule on maintenance.

Nor is a choice-of-court agreement always possible; for child support, such an agreement cannot be made before the child turns 18.

4. Registered address and habitual residence are not the same thing

The registered address indicates where a person is officially registered. Habitual residence, on the other hand, describes the actual center of one’s life, combined with a permanent intention to remain there. Therefore, the actual living circumstances are decisive, such as the duration and stability of the stay, family and social ties, school or childcare, and—in the case of adults—often also professional ties.

Especially when moving, the timing can be decisive. A mere entry in the registration records does not automatically change the habitual residence. Conversely, the center of life may already have changed even though a change of address has not yet been filed. For children, the assessment is age- and case- specific; a child’s own permanent intention to remain in a place cannot be assumed across the board.

5. Which law applies to the maintenance claim?

International jurisdiction only determines which court has the authority to decide. A separate rule determines which maintenance law that court must apply.

From a German perspective, the EU Maintenance Regulation primarily governs jurisdiction, recognition, enforcement, and cooperation between authorities. Regarding the applicable law, it refers to the 2007 Hague Protocol on Maintenance Obligations. The Protocol’s basic rule is tied to the habitual residence of the person entitled to maintenance.

Therefore, a German court may apply foreign maintenance law. Conversely, German maintenance law may be applicable before a foreign court. If the person entitled to maintenance changes their habitual residence, a different law may apply for subsequent periods. Arrears and ongoing maintenance may then need to be assessed on a time-period-by-time-period basis.

6. Can the applicable maintenance law be chosen?

In principle, a choice of law is possible. The requirements are set forth in the Hague Protocol on Maintenance. However, a general choice of law is excluded for maintenance obligations toward persons under the age of 18; it may be agreed upon for individual proceedings.

7. How is international child support calculated?

Two factors are typically central: the needs of the entitled person and the financial capacity of the obligated person. In cross-border cases, additional practical questions arise:

• In what currency is the income earned?
• What taxes and social security contributions are actually incurred?
• Which income components and deductions are recognized under the applicable law?
• How do the costs of living differ?
• Are the income documents translated completely and accurately?

In proceedings under German law, child support needs are determined using the Düsseldorf Table. The Düsseldorf Table is not a support schedule applicable throughout Europe or worldwide. The figures in the German table may be relevant if the child entitled to support lives in Germany.

Even differences in the cost of living do not automatically result in a fixed reduction or increase rate. A specific, evidence-based assessment is required. A definitive child support calculation cannot therefore be reliably performed without information regarding the time period, applicable law, income, needs, and payments already made.

8. What happens to an existing child support order?

In the case of an existing order issued abroad, the following questions must be distinguished:

• Is the order recognized in Germany?
• Is it enforceable there, or must its enforceability first be established?

Depending on the country of origin and the type of order, a recognition proceeding and a declaration of enforceability may be required so that a foreign maintenance order can be enforced in Germany. The applicable requirements depend on the bilateral relations between the respective countries.

9. Examine Arrears and Modifications Separately

In the case of maintenance arrears, it must first be determined whether they are already covered by a judgment. Arrears covered by a judgment primarily raise questions of enforcement. Arrears not covered by a judgment first require an examination of whether and for what period maintenance can be claimed retroactively.

A monthly statement should include the amount due, the payment made, the payment date, and the outstanding balance. Statute of limitations and exclusion issues must also be examined on a case-by- case basis.

Changes in income or place of residence do not automatically alter the enforcement order. Whether a modification is possible and which court has jurisdiction to decide on it must be examined separately. Unilateral reductions may result in new arrears.

10. Can government agencies assist with enforcement?

In Germany, the Federal Office of Justice serves as the Central Authority for international maintenance matters within the scope of the law. It can provide support in judicial and extrajudicial enforcement proceedings, as well as in communications with competent foreign authorities.

This assistance has its limits: The Federal Office does not itself make binding decisions on whether or to what extent child support is owed, nor does it guarantee payment or successful enforcement. Assistance from government agencies, legal review of claims, court jurisdiction, and legal aid are separate issues.

11. What documents should you gather early on?

• a precise description of the type of child support and the relevant time period;
• current and previous addresses of all parties involved;
• Complete maintenance orders, rulings, documents, and agreements;
• proof of finality, enforceability, and service of process, if available;
• an overview of all payments made;
• Available proof of income for both parties;
• any available translations and international certificates.

12. What should you do if payments are not made?

If your current living expenses are not secured, you should promptly assess whether legal proceedings are an option.

A legal review from a German perspective can clarify jurisdiction, applicable law, calculations, the enforceability of the judgment, and the next steps in Germany. Whether measures are necessary abroad and which law applies there remains a country-specific issue.

13. Regulations and International Instruments

The regulations and official information mentioned in this article are compiled here:

• EU Maintenance Regulation (Regulation (EC) No. 4/2009), in particular Articles 3–8, 15–28, and 41 Hague Maintenance Protocol
• 2007, in particular Articles 2–8, 11, and 14 The Hague Maintenance Convention of
• 2007, in particular Articles 1–10, 23, and 25
• The Foreign Maintenance Act (AUG), in particular Sections 4 and 7
• Federal Office of Justice: International Child Support

Which provision applies in a specific case depends, in particular, on the countries involved, the type of support, the time period, and whether a support order already exists.