Central authority under the Foreign Maintenance Act of 1986
The Federal Office of Justice takes for Germany both the task of the central authority for the Foreign Maintenance Act of 1986 ( AUG 1986 ) and the function of receiving and transmitting agency for the UN Maintenance Convention 1956 true.
Since January 1, 2007, the Federal Office of Justice has been performing the function of the central authority as a receiving and transmitting agency, as provided for by the AUG 1986, and supports the dependents in enforcing their claims. As the central authority, it corresponds directly with the responsible bodies at home and abroad.
It supports dependents living in Germany in pursuing and enforcing their claims in these countries. Dependent persons who are in the above-mentioned countries can submit their applications to the Central Authority from abroad via the contact authority.
Receiving and transmitting point according to the UN Convention 1956
With effect from January 1, 2008, the task of the receiving agency was transferred from the Federal Office of Administration , while that of the transmitting agency was transferred from the Land justice administrations to the Federal Office of Justice. The task of the Federal Office of Justice as receiving and transmitting agency according to the UN Convention of 1956 is to support those entitled to maintenance in asserting their claims. The Federal Office of Justice acts as the transmission agency if the dependent person has their habitual residence in the territory of the Federal Republic of Germany. If the person liable for maintenance is resident in Germany, the Federal Office of Justice acts as the receiving agency. However, a prerequisite for proceedings under the UN Convention is always that the parties live in different contracting states.
Future legal situation
Legal transactions in maintenance proceedings with a foreign element are currently in a state of upheaval. The legal basis as well as the procedure will change shortly.
Regulation (EC) No. 4/2009 (Maintenance Regulation) obliges the member states to create a comprehensive network of central authorities that provide support to the maintenance beneficiaries. A new task for the Central Authorities is that they can also process certain applications from the debtors.
According to the Maintenance Ordinance, the central authorities are authorized to request the personal data of the person liable for maintenance from other authorities and institutions. The prerequisite, however, is that the debtor tries to evade his or her maintenance obligation.
The Maintenance Regulation comes into force on June 18, 2011.
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- ↑ foreign maintenance ; Notes on claiming maintenance with a foreign element in Germany and abroad, Federal Office of Justice, 1st edition 2011 Bonn
- ↑ Regulation (EC) No. 4/2009 (PDF) of December 18, 2008 on jurisdiction, applicable law, the recognition and enforcement of decisions and cooperation in maintenance matters (OJ EC 2009 No. L 7 p. 1)