As part of the process of granting benefits, the Maintenance & Support Unit checks whether claims can be made against a third party due to the existence of overriding maintenance entitlements.

Legal basis: Sec. 33 (I) Second Book of the Code of Social Law (SGB II):

"If persons receiving subsistence benefits have a claim against another person, other than the agency providing the benefits, for the period for which the subsistence benefits are being paid, the claim shall be transferred to the agency providing the benefits in accordance with this Book, up to the amount of the expenses which would have been incurred if the subsistence benefits had not been paid if the other person had paid the benefits on time. The first sentence shall also apply if, taking into account child benefit under Sec. 11 (1), sentence 4, no subsistence benefits have been paid to the children and no subsistence benefits or fewer subsistence benefits would have been paid to the members of the household if the other person had paid benefits on time. The fact that the claim may not be assigned, pledged or attached does not preclude its transfer. Claims for maintenance under civil law shall be assigned, together with the right to information under maintenance law, to the agency providing the benefits under this Book".

This essentially relates to claims for

• Child maintenance according to Sec. 1601 seq. German Civil Code (BGB)
• Maintenance claim by the mother and father on the occasion of the birth according to Sec. 1615 l German Civil Code (BGB)
• Separation support according to Sec. 1361 German Civil Code (BGB)
• Post-marital support according to Sec. 1569 seq. German Civil Code (BGB)
• Presumption of maintenance according to Sec. 9 (5) Second Book of the Code of Social Law (SGB II) (relatives and parents-in-law in the same household)

If a debtor is unable to pay maintenance, they may, under certain conditions, be entitled to benefits under the Maintenance Advance Act (UhVorschG). An application for these benefits must be submitted to the "Jugendamt" (Youth Welfare Office) in Ebersberg district.

For more information, please contact
 
This email address is being protected from spambots. You need JavaScript enabled to view it.

We will be happy to call you back!

Düsseldorfer Tabelle (in German only):

Act to Secure the Maintenance of Children of Single Mothers and Fathers Through Advance Maintenance Payments or Loss of Maintenance Payments (UhVorschG). You can find more information about this at "Landratsamt Ebersberg, Kreisjugendamt" (Ebersberg District Office, District Youth Welfare Office) – in German only: