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German Law/Loss of German child Support?

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Question
Hello, my daughter (born out of wedlock,at High School) receives child support from her German father. She wants to go to college (in USA) and is looking for ways to finance her 4-5 year degree.  She was told that the IRR (US Ready Reserves) could offer her a lot of financial aid in return for joining.  Would she loose her child support from her German father if she joined?  The money she could get from the IRR would not cover her living costs, only the tuition.  Does her father have pay for her until she gets her degree even if she's in the States and does he have to pay for the actual tuition? The IRR only does one weekend a month and 2 weeks a year where they get paid and that would not be enough to live on but she'd get tuition (unless of course she got activated). She's in need of financial help in order to study and has always wanted to serve her country.  I believe if you join the armed forces you forefit any child support, is this true even for the reserves?  Please advise! Thank you for your kind help! Regards, Carla

Answer
Hello Carla,

German law has no provision about forfeiture of child support upon joining reserves or even active duty. It only looks at whether the child will have an income. If the reserves only pay for the tuition, then she would still be entitled to child support.

If - in the case of the reserves not covering this - the father would need to pay the tuition depends on his income and on whether there would be a cheaper option for your daughter.

But I would like to point out that as your daughter lives or will live in the US, German child support law does not really apply. The child support law of the state of her residence will apply.

Andreas Moser
www.moser-law.com
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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