biological father
October 10, 2009 | 100,00 EUR | answered by Michael Vogt
Ex-girlfriend (Philipina) has been living with a German man and their own son in Germany since 1997. According to my ex-girlfriend, we have a 12-year-old daughter together; paternity test is still pending. Maintenance claim from me in the last 12 years none, also no contribution to the child (never seen). Ex suddenly demanded yesterday for a contribution towards the upbringing of the daughter 8000 euros from me, as her account was overdrawn and she needed the sum to get back to zero. She then said she would look for work. She will call again on Monday for a response. My strategy? Thank you!
Dear seeker of advice,
I am happy to answer your question based on the facts you have provided and taking into consideration your contribution as follows:
Relatives in a direct line are obligated to provide support to each other according to § 1601 of the German Civil Code.
According to § 1613 of the German Civil Code, it should be noted that support for the past can generally only be demanded from the point at which:
- the obligated party was requested to provide information about their income and assets, or
- they are in default with the payment of support, or
- they have been sued regarding the support claim.
Based on the facts you have provided, these conditions are not met, so retroactive support cannot be claimed.
However, the issue in your case is that paternity has not yet been legally determined.
In these cases, according to § 1613 para. 2 of the German Civil Code, support can also be claimed retroactively if the child was prevented from asserting their claim for legal reasons. A legal impediment in this case is particularly the situation where the father of an illegitimate child is determined after birth.
It should be noted, however, that this claim can also be forfeited in exceptional cases.
Whether such forfeiture exists in your case and therefore no retroactive support claim can be made cannot be clarified in this online legal consultation.
Therefore, I recommend that you ask the child's mother for more time on Monday and seek comprehensive legal advice on the next steps.
My law firm is available for this, with full credit for the fees already paid.
I hope that my answer has given you an initial overview of the legal situation.
I would like to point out that this answer, based on the information you provided, is only an initial legal assessment of the situation. It cannot replace a comprehensive evaluation. Adding or omitting relevant information can completely change the legal assessment.
You are welcome to contact me through the follow-up option on this portal or via my email address.
I wish you a nice weekend and remain
Yours sincerely,
Michael Vogt
