AboutAndreas 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
Expert: Andreas Moser Date: 7/5/2008 Subject: German maintenance
Question QUESTION: The Jugendamt have stated in a maintenance court case in Germany that a letter sent to me in Britain from them in 2005 proves I owe maintenance from that date. The letter was written in German and I did not understand it. Is that legal?
I am a British national and the letter was sent to me in Britain.
regards
Jerry
ANSWER: Hello Jerry,
yes, the German letter is giving you sufficient notice of support obligations. You would have had to contact the Jugendamt and ask what it means or get it translated yourself.
Unless they sent it by registered mail, I would recommend to argue that you did not receive anything at all.
However, if you have already mentioned that the letter was in German, that option is unfortunately no longer on the table.
Andreas Moser
Rechtsanwalt und Fachanwalt für Familienrecht
(Attorney at Law and Family Law Specialist)
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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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---------- FOLLOW-UP ----------
QUESTION: Thanks for the speedy reply. I did write to the Jugendamt and told them I did not understand the letter and can they translate it. The German mother is a trained translator and I even said I would except a translation from her.
They did send it registered mail. But they don't send receipts from Britain as they do in Germany. Could they use my letter of reply asking for a translation as proof of receipt? Or does it have to be an actual postal receipt? I'm thinking of procedures here, have the Jugendamt broken any procedures?
regards
Jerry
ANSWER: Hello Jerry,
unfortunately, you having replied is sufficient proof of service.
Actually, if they sent it by registered mail, the court would probably not even request that kind of proof as long as the Jugendamt states that the letter was not returned.
You are only entitled to a translation once it becomes an actual court proceeding.
I only see one more possible defense based on procedure:
How much time elapsed between the letter in 2005 and the time they sued you? If that was more than a year or two, you could argue that they forfeited their claim (the German legal term is "Verwirkung") by remaining inactive for such a long time.
Andreas Moser
www.moser-law.com
---------- FOLLOW-UP ----------
QUESTION: They started court action in December 2006. The letter was sent in February 2005.
The other point is that our child was living with me (alone without the mother) in Britain for 6 months upto December 2004 , then she lived with her mother in Germany in 2005 and then she lived with me in Britain for 9 months from January 2007.
The mother applied for maintenance in 2004 (to the Jugendamt) but then withdrew a few months later. I would argue she should have withdrawn her maintenance claim in 2005 as well. What do you think?
regards
Jerry
Answer Yes, in that situation, I would absolutely argue that she did not follow up on her claim and thus forfeited it.
If you did not receive any child support for the months that the child was with you in England, you could also argue that she deliberately (if not expressly) waived her claims in exchange for you not trying to collect anything from her.
