Gemeinsames Kind, Partnerschaft aber getrennte Wohnungen, muss er rechtlich Alimente zahlen?

Hallo.

Mein Partner und ich haben eine gemeinsame Tochter (10 Monate).

Wir sind in einer Beziehung, wohnen jedoch in getrennte Wohnungen.

Ich und meine Tochter sind öfter bei ihm als er bei uns in der Wohnung.

Steht es mir trotzdem rechtlich zu das ich Alimente bekomme auch wenn wir öfter in seiner Wohnung sind, da wir ja trotzdem getrennt leben?

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Kessie1
5 months ago
  • The amount of child support depends on the age of the child and the net income of the dependent parent.
  • A waiver of child support is in no way possible, since the aliments are due to the dependent child.
  • In the event of a full year of the dependant, the dependent parent may pay the aliments directly to the child.
  • The playboy limit in the maintenance acts as a protection for children and adolescents to protect them from excessive money consumption.
  • The standard requirement defines the maintenance level for the basic requirement a child needs at a certain age.
  • In certain cases, a special need for child support may be present.

The parent in which the child does not live in the same household is obliged to pay cash benefits. A waiver of child support is not approved.

Source:

https://www.familierechtsinfo.at/unterhalt/kindesunterhalt-alimente/

There seems to be something different here than in Germany. In D, parents can, of course, agree differently internally, as long as the caring parent does not depend on social services.

In your case, he can’t afford to choose a natural service, but it’s actually about cash.

You should have the amount to be paid out and ask him to pay the sum.

Here you can find a computer, always with caution:

https://www.familierechtsinfo.at/unterhalt/alimente-computer/

Kessie1
5 months ago

It doesn’t matter for the aliments. You don’t live together.

You should point out that a trial for him becomes even more expensive and it is completely unnecessary that the Office will sue against him. He’s supposed to pay the sum of you.

So with such a man, you should really think about him being the right one! He has to take care of his child financially!

Kessie1
5 months ago

Then let him sue if he has too much money;-).

And it’s not about hurting him either. Your child now has legal claim whether it fits him or not!

BackupBone
5 months ago

I and my daughter are with him more often than he is with us in the apartment.

I don’t think there’s anything to you. Depends on how much cost savings you have in child care (washing clams, food costs etc.)

Here is an example for separate parents (which doesn’t matter if you’re still “directed”): https://gruhne.com/ufaq/9-wir-leben-geseparate-in-der-gemeinsamesamesamesamesames-wer-eigentlich-ab-wann-unterhalt-fuer-unser-gemeinsamesames-kind-verlangen/

Celebrity example: Oliver Pocher pays as far as I know no maintenance, because the children are often in his hands.

Ah yes and caution if you do what is official: the food point recognised by the tax authority or the like could change/be questioned.

isomatte
5 months ago

Surely you have a right to maintenance for the child as long as you are not living and reporting in a common household.

In the event of a corresponding capacity after payment of the child’s support, you yourself would still have support until the completion of the 3 year of the child’s life.

If you would apply for social benefits such as civil money, the Jobcenter should ask you to claim priority claims.

If he weren’t efficient and you would ask for support from the Youth Office, you would have bad cards, because you are obligated to truthful information, so you would have to specify that you are a couple and are regularly dealing beyond the usual right of dealing.

Then you would not be considered to be a single parent, and the application for a maintenance grant would certainly be rejected.

isomatte
5 months ago

At the youth office, as explained not!

If you are a couple and have regular joint dealing, you do not count as a single parent, even if you do not live together in a household.

If he were not capable of being effective and unable to pay any maintenance, you would not receive any support if you were to submit your application and truthful information at the Youth Office.

PinkLady1001
5 months ago

Contacting and consulting

sassenach4u
5 months ago

If you were reliant on transfer services, you would have been contacted long ago.

He must pay maintenance if he doesn’t come up for the child. You can calculate how many days a month you are there and then eat at his expense, use everything and how many days you have to manage for yourself and the little one alone. With the help of the Düsseldorfer table you can then determine this. For the days when he takes care of you, you can’t ask.

But you can do a consultation with the YES.

fallenstelle320
5 months ago

that is not right

GutenTag2003
5 months ago

Is it still legal for me to get aliments even if we are more often in his apartment, since we still live separately?

Yes, the child’s child’s child’s support is closed.

  • either in kind benefit i.d. for common household
  • in cash benefits with separate parents

If you want to settle this against each other, why don’t you go together?

GutenTag2003
5 months ago

because of the death of my landlord at the time not to announce.

Surely you can do that as a tenant.

You live there too and pays rent. So why wouldn’t that go?

kabbes69
5 months ago

You could send the notice to the owner’s address – if it is still served.

Alternatively, turn directly to the estate court – inheritance certificate, will or estate manager – something should exist.

You don’t have to wait for the heirs to end.

GutenTag2003
5 months ago

There are legal successors. The termination goes to the contractual partner or his successor – even if he has died. The rent doesn’t stay in the air either.

fallenstelle320
5 months ago

No, he doesn’t have to because he cares about his child beyond normal care.

Charly44216
5 months ago

Of course.The child lives with you,or?And if you are together, wherever, but not living together,clear 😉

Charly44216
5 months ago

He is the father and has to support you,clear.Eure daughter.This is not only in dispute situations,or if you are separated.

Charly44216
5 months ago

Yeah, he’s gonna have to pay for it, but you’re together, what about this small war on the office?

The Youth Office pays in advance and has to get it back with him.Now he has to pay to you, but if you’re together and he comes up for a lot, I don’t understand the problem.

Charly44216
5 months ago

If it is without a court and he pays a lot, he is right.This is maintenance.Others are asked by court to pay a certain amount, but do not necessarily come up for things in everyday life.If he pays anyway and you are together,it is unnecessary with court.

Charly44216
5 months ago

You can take private consideration, of course, if it can not be as much as it can be determined by law.You must go through this together😊

Gorkon193
5 months ago

Unmarried first applies, you have 3 years of maintenance and the child anyway. It doesn’t matter when and how often you are with him as long as you have your own apartment

GutenTag2003
5 months ago

So this doesn’t affect how many times I’m with him for the aliments?

Not quite. For the time when you live with him and are used to his costs, he could have this calculated on the maintenance claim.

But not 1/30 of the monthly amount, because your rent is still 100%.

Gorkon193
5 months ago

Yeah, and if he claims anything else, you should take a lawyer, anyway would be better

fallenstelle320
5 months ago
Reply to  Gorkon193

that is wrong

Gorkon193
5 months ago

Vll. if it would be more sensible to finally separate properly, then such questions and annoyances do not even ask. I don’t think that’s what she needs, and the kid doesn’t.

GutenTag2003
5 months ago

That’s what I expected.

This will now decide (must) the court.

GutenTag2003
5 months ago

Whether he pays you for your “work” you have to make up with each other.

This/a possible “remuneration” has no effect on child support.

If you can’t agree, you’ll have to go to the youth office or to the family court.

AngiedieSchlaue
5 months ago

You are entitled to maintenance for the child. Don’t do it!

fallenstelle320
5 months ago

since you have a marriage-like community since and he has moved beyond the normal dimension, he provides maintenance in the form of care. you do not get