Promotion by 2 groups
October 7, 2009 | 25,00 EUR | answered by Andreas Scholz
I received a letter from the youth welfare office last week, in which I am asked to make a new determination of child support for my 11-year-old son (currently my only child). My adjusted net income is set at 1,660,-. Therefore, group 2 (lower 1/3 of the range) is considered. Without comment, an upgrade to 4 was made and I was asked to transfer the overdue amount from the mother. The request for maintenance determination has been ongoing since May of this year. Is this possible without comment, what criteria are used for the upgrade, what options do I have to challenge it, and do I have to certify this change as requested? Does it make sense to challenge it?
In December, my second son will be born. This will cause me to fall below the 1,100 euro mark due to the maintenance obligation. What options do I have for an appropriate classification then?
Thank you for your response.
Dear asker,
the amounts listed in the DT apply to families with two children. If the support is only to be paid to one entitled person, an upgrade to the next level can be made (Düsseldorf Table, Note 1).
The classification is done based on your adjusted net income.
As part of the support provided by the youth welfare office, which in your case seems to be for the child, the youth welfare office can take legal action on behalf of the child against you if you do not pay the (full) estimated support. Within this legal action, you can raise objections to the claim, including the possibility that your adjusted net income may not have been calculated correctly. You can raise this objection now, but you are not entitled to the youth welfare office agreeing with your calculation.
The notarial certification is necessary because the youth welfare office can enforce against you without having to sue you. You do not have to sign this document, but then you run the risk of being taken to court.
If your second child is born, a reclassification would need to take place again. A reclassification would also be necessary because you are obligated to pay support to the mother of the child under § 1615l BGB.
Therefore, the upgrade in your case is not inadmissible. You can argue against the calculation of the support claim by stating that your income was incorrectly calculated. You can inform the youth welfare office of this objection, or if it comes to a legal dispute, you can bring it up in court. If you become a father again, a downgrade of two levels would need to take place again. You do not have to sign the youth welfare office document, but you should, as legal action can be taken against you if you do not, even if you regularly pay the support. The court allows the entitled person a special interest in having an enforceable title for the support claim.
I hope this information has been helpful. If you have any questions, please ask.
Best regards,
Andreas Scholz, Attorney
