Maintenance: If the father does not pay
ChroniquesDuVasteMonde: Why are so many mothers pleasing themselves that their father steals responsibility for their children?
Katharina Mosel: Many women do not want to sue their ex, are afraid of the stress. Again and again I hear: "I can manage that way too, I prefer to work more, I do not want to completely lose myself with it." In addition, they are worried that their children will be involved, for example, the father incites them against the mother.
Katharina Mosel
ChroniquesDuVasteMonde: Do women only get money if they sue their ex?
Katharina Mosel: No, the mothers can apply for a maintenance advance at the youth welfare office. The maximum is up to the age of twelve and he is paid a maximum of 72 months per child.
ChroniquesDuVasteMonde: Ok, but this advance, at 117 euros for a small child, is lower than the lowest maintenance rate according to the Düsseldorfer table.
Katharina Mosel: That's right. That's why I recommend women: Fight for maintenance. In extreme cases, that means sueing the father. That's stress, of course. But getting along with too little money or constantly having to fight for money again also means stress.
ChroniquesDuVasteMonde: Then we'll go through the case. What does a woman have to do if she wants to fight for maintenance?
Katharina Mosel: First of all, she must write to the man, ask for information about his income, and ask him to pay for the child's benefit, as of now. I think it's best if she gets legal advice right from the start - the state will cover the costs if there's no money for a lawyer. But if the mother brings this letter on its own, it is important to send it by registered mail. She has a receipt with her - and he can not say: I never got the letter.
ChroniquesDuVasteMonde: And if he then transfers 50 euros?
Katharina Mosel: That does not work. He must pay appropriately, according to his income. Basis is the Düsseldorfer table and there is the minimum maintenance for a small child currently at 281 euros, the father is always counted the child benefit - so the wife would get 199 euros.
ChroniquesDuVasteMonde: Does he have to disclose all his income to me?
Katharina Mosel: Yes. And very extensive.
ChroniquesDuVasteMonde: So with all the trimmings? For self-employed there are always ways to hide income ...
Katharina Mosel: Yes, for the self-employed, it initially seems easier to disguise income. But I can force him to submit the tax returns of the last three years with all the investment - this may even go so far that I may see all the individual documents of his company. And then it gets harder to hide something.
ChroniquesDuVasteMonde: Ok, but what if the man does not respond to my letter at all?
Katharina Mosel: At the latest then the woman should seek legal advice. For if the letter has demonstrably arrived and the man ignores him, he is legally "in default" - and must then also bear the attorney fees.
ChroniquesDuVasteMonde: After all. But put the case he does not move at all ...
Katharina Mosel: ... then the woman should sue him.
ChroniquesDuVasteMonde: Phew, that's a big step.
Katharina Mosel: Yes, but I always say to these women: It's about money, which belongs to the children. Not for alms or money for the woman. And even if it is not really needed at the moment, you can put it on for later - children get more expensive the older they get.
ChroniquesDuVasteMonde: Ok, so lament. What's next?
Katharina Mosel: In the event that he still does not answer, the court will make a judgment that obliges him to provide information. And if he does not react, he gets a penalty money - until he puts out the documents.
ChroniquesDuVasteMonde: Well, at some point the court then has the documents together and calculated a maintenance. Then I have a judgment, but maybe still no money ...
Katharina Mosel: Yes, there are such tough cases. And then the bailiff moves out. That's what the lawyer looks after when they let him know. The judgment of the court alone does not benefit them. But from a legal point of view, they have a maintenance title that can also be enforced through seizure. For example, by deducting something from the salary.
ChroniquesDuVasteMonde: That means the bailiff can even go to the account of my ex-husband?
Katharina Mosel: If necessary, that too. But mostly the salary is seized. Of course it is very important for the child's mother to know: where does he work? Which accounts does he have?
ChroniquesDuVasteMonde: Will I actually be able to keep it up retroactively, or does the man have any financial benefits from his delaying tactics?
Katharina Mosel: No, he has to pay with retroactive effect - from the moment you have verifiably asked him to pay. So the first letter counts.
ChroniquesDuVasteMonde: And in case I got a down payment in between ...
Katharina Mosel: ... he pays to the office and the box office of the youth office offsets.
ChroniquesDuVasteMonde: And what about the legal fees?
Katharina Mosel: The man has to take over completely.
ChroniquesDuVasteMonde: Suppose, for years, I've accepted that my ex is not paying - can I sue him if I get through it now?
Katharina Mosel: Yes, anytime. You will not get anything retroactively - but in the future he will have to pay. And that can also be worthwhile if the child is already 17 years old.
ChroniquesDuVasteMonde: Some men work extra little or not at all to pay no maintenance. What can a mother do in such a case?
Katharina Mosel: Our laws say: a maintenance debtor must do everything possible to ensure the maintenance. That means, if necessary, he has to take on a part-time job, carry out newspapers or work at the discount store at the cash register. Because there is maintenance for underage children - they are the weakest in our society. The law requires that he makes a great effort to pay for maintenance - and, if necessary, proves this effort.
ChroniquesDuVasteMonde: So it is not enough to report to the employment office?
Katharina Mosel: No, in case of doubt, he has to prove that he spends 40 hours a week trying to find a new job.
ChroniquesDuVasteMonde: When you hear all this, there should not be a huge gap between the maintenance obligations and the evacuees.
Katharina Mosel: Not really. But some men pull the number "I have no money, I have no job" without restraint, because the woman first time the verdict and claim to benefit nothing. But the moment he earns something again, she gets the money retroactively. And that can sometimes be a few thousand euros. Besides, she can also show him.
ChroniquesDuVasteMonde: Show?
Katharina Mosel: Yes, because of violation of the maintenance obligation. That is, if he willfully does not work and causes the children to grow up in poverty, he makes himself punishable.
ChroniquesDuVasteMonde: And if he's actually cracked, is he going to jail?
Katharina Mosel: Then the state punishes - that's like theft. Then the prosecutor investigates and we have even had the case where a house search was made to find out if he really does not work. But most of the time these cases are such that the man gets a fine.
ChroniquesDuVasteMonde: Oh great. And he can possibly deduct from the outstanding maintenance.
Katharina Mosel: Not that. But I admit, that's illogical. In the worst case, he gets a suspended sentence and is convicted. Personally, I've never experienced that. Our legal system knows only fines or imprisonment - there would also be quite imaginative penalties.
ChroniquesDuVasteMonde: What are you thinking?
Katharina Mosel: For example driving license withdrawal.
ChroniquesDuVasteMonde: Oh yes, I also think of a lot: car lock, mobile phone ban, ...
Katharina Mosel: Exactly - that would probably hit men harder. Unfortunately, our judiciary does not provide for such punishments.
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