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German Law/Child Maintenance between Filipina Mother and German Father

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Question
Hello

I was wondering if you could give some advice or help on a matter involving maintenance between a Filipina Mother and  German Father.
My Fiancee has a son who is almost 5 years old. The boy is the son of a German Father who after initially not wanting to pay maintenance started paying the equivalent of 100USD a month. The Father, after finding out the baby was a boy wanted nothing to do with him. This would have been very different of it was a daughter.

My fiancée has accepted this poultry sum after being told that she could not receive any more than this and has done so for the last 3 years. This sum is a tiny amount compared to what the Father earns as a real estate and property manager back in Germany.

After me explaining that she is actually entitled to higher maintenance for her son she now wishes to chase this to a conclusion.

Could you please advise if this is best to be chased through a law expert in Philippines or Corresponding with one based in Germany? Could you also please tell us if there is a child support agreement between the Philippines and Germany? It as proven difficult to obtain answers so far here in Cebu.

Kind Regards

M

Answer
Hello Mark,

if the father is in Germany and his income is generated in Germany, this should be addressed in Germany. There is no need to get a Philippine court involved, the judgement of which would then need to get translated, recognised and enforced in Germany. This will only make it more expensive, stressful and cost an extra year at the very least.

If legal paternity is established, the mother can ask the father to disclose his income. On this basis, we could calculate the child support payments due. If the father refuses to disclose his income, we would need to go to court and the court would order him to turn over his income and tax statements for the purpose of calculating the child support due.

Please note that there is no claim for back pay, so the sooner this is initiated the better. In my experience, once the father sees that it is being pursued in a serious manner, he might well volunteer to pay more every month.

If you need any help with the child support calculation or anything else, I'll be happy to help.

Andreas Moser
www.moser-law.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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