Partnerschaft – Unterhalt – kein gemeinsames Kind?

Hallo zusammen,

ich ziehe nun mit meiner Freundin zusammen. Wir bekommen im März ’25 Nachwuchs, wobei das Kind vermutlich nicht von mir sein wird.

Unsere Frage ist daher, ob das Zusammenziehen, mich (Mann) unterhaltspflichtig macht?

Vielen Dank.

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palusa
3 months ago

The one who is registered as a father is subject to maintenance. This is the legal father. Whoever lives together doesn’t care.

If you’re married, the husband is registered. Otherwise the biological father.

Kessie1
3 months ago

Of course, the combination does not make you dependable.

Only if a paternity test makes you a father or you marry before the child is in the world. Or you recognize the child as a physical child, even if you know you’re not the father.

A child is considered to be married when it was born after marriage. So the woman received the child before or within marriage. The prerequisite for this is that the husband lived during the term of conception of the wife or future wife.

Also a child is a child if the father has legally dissolved marriage by death, but the child is born within 300 days of the death of the father. One assumes that his wife’s husband has lived.

Thus, the “Kuckuckuckskinder”, that is, children born into a marriage, but not from the husband, are considered to be married children. This is particularly relevant for inheritance law. This presumption is only lifted if the husband contests the presumed marriage by the law.

https://www.melanie-loewe.com/glossar/marital-child/

But I guess that in the case of unclear paternity, a test will be made alone in their interest, or they call the father to make the paternity clear. After all, it is also about maintenance claims that arise or also social benefits that they would not otherwise get.

isomatte
3 months ago

As long as you do not have to marry before the child is born, you are not obliged to stay for the child, you should not be the child’s father.

But if the child were born in marriage, you would first be obliged to attend, then everything else would be about lawyer, youth office and family court.

habakuk63
3 months ago

no, the biological father is dependent. If you adopt the child of your partner, the maintenance obligation for the producer ends.

AngiedieSchlaue
3 months ago

No, you are not subject to maintenance if the child is not of you and you do not adopt the child.