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About Andreas Moser
Expertise
International family law with connections to Germany. Separation, divorce, alimony, child support, custody, visitation, adoption, international child abduction, military divorces, etc. Representing clients all over Germany. Family law ONLY.

Experience
After getting my 2 German law degress, I interned with the US Army JAG Corps for half a year, supporting US soldiers in Germany and helping them with their family law questions. Since 2002, I have my own law firm (www.moser-law.com) specializing on international family law. Extensive experience in German-American and German-British cases, including hundreds of military divorces. Bar-certified Specialist for Family Law.

Organizations
German-American Lawyers Association, German-Israeli-Lawyers Association, and others

Publications
A list of published court decisions of my cases is available on http://moser-law.com/anwaelte-e.htm

Education/Credentials
My CV is available on www.moser-law.com/anwaelte-e.htm

 
   

You are here:  Experts > Business > International Law > German Law > back child support

Topic: German Law



Expert: Andreas Moser
Date: 6/28/2008
Subject: back child support

Question
QUESTION: If the mother is German and the Father is American and she kept the pregnancy and birth hidden from him until the child was 6 does he have to go back and pay back support.

ANSWER: Simple answer: No.

If the father didn't have any chance for 6 years to save part of his income due to having been informed about possible support obligations, no back pay can be expected from him.

Andreas Moser
www.moser-law.com

---------- FOLLOW-UP ----------

QUESTION: I am asking this question for my friend.  The mother and child live in Germany he is an international professional basketball player but is a US citizen. He goes to court on Monday and the German Child Support office has requested that he pay back 50,000 of social aid they gave the mother.  Once the father was made aware of the child's existence he began supporting her prior to the confirmation of the paternity test.  However Germany now wants him to pay all this money directly back to them.   Your original answer was no he should not have to pay it back is there a statute or law that can be referenced to support this.  Also what laws are to be used German laws or US laws as it goes for Child Support

Answer
First of all, I hope for him he has an attorney when he goes to court and this attorney should have covered these points long ago.

If the child lives in Germany, then German law applies (Art. 18 EGBGB).

The statute that you are looking for is § 1613 BGB.

Andreas Moser
Rechtsanwalt und Fachanwalt für Familienrecht
(Attorney at Law and Family Law Specialist)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Gustav-von-Schlör-St 10, 92249 Vilseck, Germany
phone: +49-9662-289981 - fax: +49-9662-701391
cell phone: +49-172-8100726
www.moser-law.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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