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Maintenance obligation; public notarization
A notary of the Youth Welfare Office is authorized to publicly certify the obligation to meet the maintenance claims of a descendant who has not yet reached the age of 21.
Online services
Online services
Supplement: Landratsamt Regensburg
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Beurkundung UnterhaltsverpflichtungWith this online procedure you can submit the documents for the notarization alimony obligation.
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Landratsamt Regensburg
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Altmühlstr. 3
93059 Regensburg
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Postfach 120329
93025 Regensburg
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Procedure details
Description
The person obliged to pay maintenance can confirm the content of the maintenance obligation towards a descendant by means of a unilateral declaration of intent. The formalized acknowledgement of the maintenance obligation strengthens the legal position of the child entitled to maintenance in maintenance proceedings.
In addition, the declaration of obligation in its notarized form has another important meaning: If the declaration also includes a figure for the maintenance (as a fixed amount or dynamized as a percentage of the respective statutory minimum maintenance), it can be expanded into a maintenance title by subjecting the maintenance debtor to immediate enforcement. This may make it possible to avoid maintenance proceedings before the local court - family court.
The notary public at every youth welfare office in Germany is responsible for the public notarization of the obligation to pay maintenance claims of a descendant. The competence of notaries, other notaries or other authorities for public notarizations remains unaffected by this.
Requirements
The notary public at any youth welfare office in Germany is responsible for the public certification of the obligation to meet the maintenance claims of a descendant. A person with limited legal capacity cannot assume a maintenance obligation on his or her own legal responsibility. To do so, he or she requires the consent of the legal representative. The notary does not check whether the maintenance granted by the obligee is appropriate when making the official certification.
Fees
Notarizations by the notary of the Youth Welfare Office are free of charge.
Special notes
A person with limited legal capacity cannot assume a maintenance obligation on their own legal responsibility. To do so, they require the consent of their legal representative.
When carrying out the public notarization, the notary does not check whether the maintenance granted by the person willing to assume the obligation is appropriate.
Legal bases
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§ 59 Sozialgesetzbuch (SGB) - Achtes Buch (VIII)Beurkundung
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§ 60 Sozialgesetzbuch (SGB) - Achtes Buch (VIII)"Vollstreckbare Urkunden"
Related issues
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Advance on maintenance payments; application
You can apply for an advance on maintenance payments if you are a single parent and the parent liable to pay maintenance does not pay any or too little maintenance for the child.
Status: 20.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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