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German Law/Issue of my sister

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Question
Hi ,

Thanks for giving platform to have reply from your end.

I am a guy from India.

In 2004, my cousin sister got married with Indian guy. He shifted to Germany in year 2005 after having child in India. He claimed that he will call my sister and son after getting permanent citizenship in Germany.

She waited for 9 long years & after that last year He called both ( My sister & child) of them to Germany. After reaching there, she realized that he is already in relationship there and he only asked to join her to file divorse as per German law & have a custody of child in Germany. She immediately return to India with Child few  months ago..

Any chance to sue that person in Germany & get maintenance money atleast to feed this two person ???

Any suggestion from your end ???

Once again thanks for your support to Indian unknown person

Answer
We should differentiate two matters here: child support and alimony for your sister herself.

Child support:
Yes, your sister can file for child support in Germany. She can either use the court system there or she can contact the "Jugendamt", a social services body, to ask them for help. The amount of child support will be based on the father's income (and his deductions), so we would need to find that out first. He has an obligation to reveal his income to the mother of the child.

Alimony:
Under German law, there is a potential alimony obligation because your sister and her husband are still married. However, because they have been separated for so long and any financial ties have probably been cut in the meantime, German law would most likely no longer award alimony in this case. The normal cutoff period is a separation of one year, which can be extended a bit under special circumstances. But after a separation of 9 years, I don't think that any alimony would be awarded.

Depending on the father's income, it might not make too much sense anyway to pursue both child support and alimony claims, because if he doesn't have enough money to pay both, child support has priority. Also, the courts are generally stricter with enforcing child support, so this is what I would concentrate on.

All the best!

Andreas Moser
www.about.me/moser  

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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