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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.
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
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You are here: Experts > Business > International Law > German Law > child support
Expert: Andreas Moser
Date: 7/3/2008
Subject: child support
Question
QUESTION: Hello, I am American and was married for 5 years to a german national and lived in Germany. We had a son together, he was born in Germany and has dual citizenship until he turns 18. Right now he is only 8 years old. My husband and I separated and initially I stayed in Germany; amongst ourselves we settled that he would pay me 200 Euro a month for child support. He paid it faithfully the whole time. After about 5 months it because evident that our relationship had gone too sour that I couldn't even stay near him because of abuse so I returned to the U.S. with my son and with his father's consent. After a year's time he filed for divorce in Germany and it is stated in our divorce papers that he would continue to pay the 200 Euro per month. To make it easier on the bank fees to have the money transferred I allowed him to send the money twice per year, once in December $1200 Euro and again in June $1200 Euro. There have been a few instances but not many where he hasn't paid since then usually if I call or email to tell him it is behind he would send it shortly but most recently he has fallen behind and doesn't respond to emails or phone calls or voicemails left for him. He hasn't shown interest in anything regarding our son in years so this 2x per year is pretty much the only time we have contact. My question is what rights do I have in persuing this further to get the support money? As far as Social Services in the U.S. is concerned there is no jurisdiction between the U.S. and Germany for child support so that route has gotten me nowhere. Any advice you could give me would be greatly appreciated.
ANSWER: Hello Melissa,
it sounds as if you already have a court agreement or judgement, so you would only need to enforce it against him.
Does he have any property?
Do you know where he works and how much he approximately earns?
If he is financially stable, the enforcement would not be a problem.
Of course, I would contact him first through an attorney just to show him that you are serious.
(On another note, because you mentioned your son's citizenship: If you are American and the father is German, your son has dual citizenship for life. He does NOT need to decide between the two when he turns 18. This optional German citizenship on probation only applies to children of foreigners-only parents living in Germany. Your son however derives one citizenship from his father and one from you. There is no primary and secondary citizenship, they are both full citizenships.
I want to set that clear because I know that many people, including some German authorities, are confusing these situations.)
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: Hi, He doesn't have any property because he put everything we had as a couple into his fathers name before we divorced so I would not have any right to any of it and as far as his job I know he does work but I don't know where or how much he makes anymore because he has switched jobs since we were married. Could you tell me how I would go about enforcing the judgement? would I need to send my divorce papers somewhere? The only copies I have are in German but that is what I would need anyway right?
Thanks about the citizenship, i did not know that. I was told he had to choose when he turned 18. It is good to know.
Answer
Yes, you are right, you only need the German copies.
You would enforce them through a "Gerichtsvollzieher", which is a court-appointed debt collector. You find their names and addresses through the local court ("Amtsgericht") wherever your ex-husband lives.
Te debt collector will go to your ex-husband and ask him to pay.
If he wont' or can't, he is obligated to disclose his income and his current job, so you should eventually get this information.
After that, you can also request garnishment of part of his wage through the court.
It will probably be easier for you to hire an attorney in Germany to get this process started.
Andreas Moser
www.moser-law.com
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