About Experts Sitemap - Group 26 - Page 2 2016-09-20

German Law: Child maintenance Germany/ redundancy payment., child support, redundancy payment
child support, redundancy payment, unemployment: Hello Dan, there are two separate questions here: is there advance payment of child support and what about the redundancy payment? 1. German law has no provision for advance payment of child support. Neither the child nor the mother can claim payments...

German Law: Child support, german wife, sensitive info
german wife, sensitive info, german law: Dear Stephen, According to German law you are obligated to support your son while he goes to trade school. The BAfogamt has the right to receive your tax forms or income statements. They can enforce your cooperation through the German court system. They...

German Law: Child Support and BAfoeG, international private law, bafoeg amt
international private law, bafoeg amt, mother judge: Dear James, According to German international Private Law (EGBGB) Germany has jurisdiction about child support as long as the child lives in Germany. It seams like that the German judge was lazy when he/she ordered that the US has jurisdiction over the...

German Law: Education fund and monthly Düsseldorf payments, lawyer fees, education fund
lawyer fees, education fund, german law: Dear Alan, According to German law you have to continue to support your daughter after she turned 18 years old until she finishes her education for one career. But you are not legally obligated to provide an education fund. You agreed to this voluntarily...

German Law: English wife, German husband, inheritance tax, personal tax exemptions, inheritance tax
personal tax exemptions, inheritance tax, national citizenship: Inheritance taxation generally is not related to the citizenship but to the residence of the deceased (and according to German tax laws also of the heir). For a German national citizenship plays a role because the succession is liable to unlimited taxation...

German Law: German temporary residence for child of foreign divorced parents, Germany, immigration
Germany, immigration, Mexico: Hello Sandra, welcome to Germany! The German authorities will most likely require a German translation of the permission granted by your ex-husband, but then this document should be absolutely enough. How smooth the process will go depends a bit...

German Law: Grandparent rights in Germany, grandparent rights, unfit parent
grandparent rights, unfit parent, unfit mother: Dear Vicki, The grandmother of your children has no visitation rights etc. regarding your children. She also can not stop you from leaving Germany to live in the US. All she can do legally is to write a will and exclude your husband from her inheritance....

German Law: hello, german citizenship, german embassy
german citizenship, german embassy, burgess: Dear Jerome, Unfortunately you will not be able to obtain the German citizenship after your father s death. Therefore you are not entitled to get any German benefits. If your father had estate in Germany you can go to the German Embassy and claim an Erbschein...

German Law: Inheritance, german nationality, german lady
german nationality, german lady, german law: If he had a will the distribution will take place according to the will. There are two exceptions in the German law. His wife can claim a Pflichtteil of 37,5% of the estate if she would get less according to the will. And only your uncle s parents could...

German Law: Inheritance issues, inheritance issues, inheritance law
inheritance issues, inheritance law, international lawyer: 1. Yes, descendents form the first class of the inheritors. 2. Tax office located in the district where the deceased had his/ her last residence. The bank will 3. Since there is no state appointes administrator involved in Germany you will have to settle...

German Law: Kindly Advise us! - which visa to go to Germany, Germany, India
Germany, India, New Zealand: Dear Enoch & Alex, Yes, it would be best if you get married. Of course you could also try to find a job in Germany first and then get a residence permit based on the job, or to apply for further studies and obtain a student visa, but the spousal visa is...

German Law: Marriage certificate, certified translator, german citizenship
certified translator, german citizenship, german lawyer: Dear Ali, Normally the Standesamt will only register your marriage if you have the German citizenship, you you got granted asyl, or had to leave your country for an other reason or you have no citizenship at all. But you marriage will be still valid in...

German Law: mobile phone contract cancelation, iphone 4, bergen belsen
iphone 4, bergen belsen, defective devices: The purchaser of a defective good can claim for a replacement delivery pursuant §§ 437 no. 1, 439 of the German Civila Code on the cost of the seller. Furthermore, the European Court of Justice ruled on 17 July 2008 (C 404/ 06) that the replacement of defective...

German Law: obtaining German citizenship, German, citizenship
German, citizenship, passport: One requirement is a residence of eight years in Germany. For more information, I would advise to check the Engish online resource provided by the Federal Ministry of the Interior: http://www.bmi.bund.de/SharedDocs/Standardartikel/EN/Themen/Migration/Staatsang/faq.htm...

German Law: Power of Attorney from another country, power of attorney, Germany
power of attorney, Germany, certification: Hello Vicky, the safest way would be to go to the German Embassy on Trinidad: http://www.port-of-spain.diplo.de/ and have the power of attorney set up there in English and in German and have your father s signature certified by a consular official. This...

German Law: Question about divorce, divorce in germany, international private law
divorce in germany, international private law, divorce visitation: Dear Adalberto, According to International Private Law Germany has jurisdiction for custody, visitation rights and child support because the mother and your daughter live in Germany. You have the right to file for divorce in Germany or the US. But any decision...

German Law: Right to see kids after divorcing, hello my friend, judge orders
hello my friend, judge orders, burgess: Dear Tajana, Your friend can involve the Youth Department in the hometown of the children. They are obligated to contact the mother to get her to cooperate. They can also facilitate calls. But they normally only do that if a judge orders this. When the...

German Law: 2008 paternity law, german lawyer, dna test
german lawyer, dna test, dna testing: Hello, You need legal representation if the mother is in the process to obtain a German court order to enforce child support. You only have one month to appeal a German court order. If you miss the deadline your employer will be ordered to deduct child...

German Law: Airline ticket = contract?, small claims courts, small claims court
small claims courts, small claims court, contract question: Getting a ticket means to me that the airline has accepted your offer. Otherwise you would not have it. However, I would think that after that expedia is out of the game because they have fulfilled their obligation. The fact that the ticket was cancelled later...

German Law: American divorcing in Germany, divorce in germany, minimum threshold
divorce in germany, minimum threshold, separation period: Dear Paul, I would need to discuss the details of your case in person with you. The German support law will apply if you and your wife will continue to live in Germany. Just the divorce has to be done according to US law so if no separation period is required...

German Law: Becoming German through civil union, civil union, Germany
civil union, Germany, citizenship: Hello, the requirements for civil partners of German citizens are the same as for spouses (§ 9 StAG). You will need to be fluent in German and convince Germany that you will be fully integrated in the German society. You will also have to give up your...

German Law: Certificate of Inheritance and Accounting Demand, mandatory share, Germany
mandatory share, Germany: On the one hand, the relatives entitled a forced share have nothing to do with the certificate because they do not have a share in the bank assets. On the other hand, banks often require the certificate from the heir before informing him about the assets and...

German Law: child custody - child abduction?, child abduction, andreas moser
child abduction, andreas moser, german authorities: Hello Christina, it would only be a child abduction in the sense of the Hague Child Abduction Convention if the custody of another person or authority would be violated. So it depends on who has custody now after yours has been revoked. What is the...

German Law: Child Support and Visitation Rights, child support amount, german attorney
child support amount, german attorney, telephone consultation: Dear Anne, The amount your husband has to pay for child support depends on his net income. The minimum child support amount would be 272 EUR for a 8 year old child. I would be glad to arrange the child support calculation and to organize visitation rights...

German Law: civil rights and international law, divorce in germany, german lawyer
divorce in germany, german lawyer, hague convention: Dear Paul, The German court should honor the US divorce decision if it got served to your wife in Germany according to the Hague Convention. You can contact me directly at csb@germanlegalservices.com to set up a phone consultation to discuss the matter...

German Law: Death Certificate & Inheritance, death certificate, inheritance
death certificate, inheritance, Germany: 1. The names of the parents of the deceased are not indicated in a death certificate. 2. Since there is no probate proceeding in Germany there is no administrator appointed who would establish an estate inventory. This could be different if heirs are unknown...

German Law: Divorce - financial entitlement, house, Germany
house, Germany, marital property: Hello Derek, there is a time limit on the distribution of marital property. That time limit is 3 years from the time of the divorce, so the time probably has already passed away. BUT there is NO time limit on exercising property ownership rights. So...

German Law: Divorce/marriage, divorce marriage, certifed copy
divorce marriage, certifed copy, divorce document: Dear Maria, The Standesamt is asking for the Anerkennung from the Landesjustizverwaltung. Unfortunately this is in your case necessary in order to get the permission to get married again. You can contact me at csb@germanlegalservices.com if you want to...

German Law: Durable Power of Attorney, dpoa, durable power of attorney
dpoa, durable power of attorney, us bank: Dear Nancy, I am not sure what the US bank requires. You can let your mother sign the power of attorney and you can provide the bank with a copy of your mother s passport as well. You have to talk to the bank manager and see if this is enough. Sincerely,...

German Law: Extension of Residence/Work Permit, EU, EEA
EU, EEA, residence permit: Hello Jossy, as your wife and daughter are EU citizens, you can easily get an EU residence permit if they live in Germany and if one of them is exercising her freedom of movement rights as a European citizen. As you said that your wife is not working,...

German Law: Family Spousal Visa, Schengen visa, marriage
Schengen visa, marriage, India: Hello Enoch, have you tried to get a date for the marriage with the registrar s office ( Standesamt )? If they give you a date for the marriage during your stay in Germany, you don t need the permission of the Ausländerbehörde. The other alternative...

German Law: german child support, child support payments, german lawyer
child support payments, german lawyer, german child: Dear Vanessa, My partner and I can enforce child support payments if the father of your child has a job in Germany. The money will be taken out of his pay check every month and his employer will send the money to your account where ever you live . You...

German Law: German CItizenship from maternal Great Grandfather, ius sanguinis, Germany
ius sanguinis, Germany, citizenship: Hello Rob, the answer to that question again depends on when the birth occurred and on the law in place at the time of your or your ancestor s birth. As the German citizenship law has changed a number of times throughout the turbulent 20th century, there...

German Law: German divorce and Retirement, german attorney, retirement benefits
german attorney, retirement benefits, german law: Dear Kim, You are entitled to your German retirement when you worked for a company in Germany for ca. 8 years. If you worked there for over 5 years you can not ask for a pay out. You have to wait until you turn 65 years old and then you can claim your retirement...

German Law: German Inheritance Laws,Pflichtteil and how it could affect our Uk property, EU Succession Regulation, droit réservataire
EU Succession Regulation, droit réservataire: As of 2015, French law would apply if your husband lives there at the time of his death. French law stipulates a far reaching droits rèservataires for the children. However, since the UK has not joined the EU Succession Regulation the British will probably...

German Law: Humantarian resident, Germany, family reunion
Germany, family reunion, residence permit: Hello Kwaku, if you are married to a German citizen and live in Germany and have a child, you should clearly be able to obtain a residence permit in accordance with § 28 I AufenthG. Please note that this is not the family reunion with an EU family member,...

German Law: illegal problem but child in Germany, asylum, Germany
asylum, Germany, child: Hello Roland, if your German girlfriend will cooperate, you can actually legalize your status. You will have to acknowledge the paternity and both of you will have to sign a joint custody declaration. You can do both of these steps at the same time,...

German Law: Loss of German child Support?, child support, Germany
child support, Germany, USA: 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...

German Law: marriage in US and divorce in Germany, divorce in germany, german court
divorce in germany, german court, dear mrs: Dear Mrs. Herron, According to German law the divorce is valid when the German court issues a divorce degree. The husband doesn t need to be present at the court hearing or sign any documents to make the divorce valid. So if your sister has a German divorce...

German Law: Minimum Child Support in Germany, child support, Germany
child support, Germany, student: Dear Peter, child support in Germany depends on the income of the non-custodial parent (i.e. the parent with whom the child will not be residing after the separation) and the age of the child. There is no minimum child support because if your own income...

German Law: Re shared custody, welfare office, family lawyer
welfare office, family lawyer, response ability: I am not a family lawyer and usually do not respond to such questions. What I can tell you however is that there are no formal requirements for a declaration of approval of one parent in regard to the transfer of custody to the other. Although it is up to...

German Law: Re shared custody in Germany, Germany, UK
Germany, UK, child custody: Hello Katie, child custody can only be transferred or modified by a court order in Germany. Whatever the paper was that your partner signed, he did not lose his custody rights with it. (Maybe it was a power of attorney, which would make some sense.) ...

German Law: revoke power of attorney, power of attorney, Germany
power of attorney, Germany: Revocation should be possible without any formal requirements unless it is explicitly irrevocable. Revocation in writing is ok. Your assumption that by granting POA your step mother would have lost her say is incorrect. She remains in position as principal...

German Law: Separation and divorce, german attorney, apartment rent
german attorney, apartment rent, pocket money: Dear Ingy, Normally your husband would be obligated to pay child support in case you separate and the children will live with you. But if your husband has a net income of only 800,00 EUR or less per month he is not obligated to pay child support. You...

German Law: Separation/Divorce German law, law question, german family
law question, german family, german law: Your tax level will change at the beginning of the year after the official separation. Alternatively, you can request that it will be changed to IV at the time of separation already. Please remember that the tax level is not really relevant to your annual...

German Law: visa for fiancée of US soldier in Germany, US soldier, Germany
US soldier, Germany, immigration: Hello Chris, that is a tricky situation indeed because you are falling through all the cracks of the German immigration law because (1) you are exempt from any immigration law due to the NATO SOFA and therefore don t even have any immigration status and...

German Law: What can I do?, andreas moser, acknowledgement of paternity
andreas moser, acknowledgement of paternity, asylum seeker: Then you would still need to establish paternity, but you can do it without contesting the ex-husband s paternity. Because the baby will be born without an official father, you can simply sign an acknowledgement of paternity. Obviously, a lot depends on...

German Law: § 18 Beamtenversorgungsgetz/Sterbegeld
Das Sterbegeld hat den Zweck, die Mehraufwendungen in der Sterbezeit und die Beerdigungskosten abzudecken. § 18 Abs. 1 und 2 regeln, wer überhaupt in den Genuss von Sterbegeld kommen kann. § 18 Abs. 4 BeamtVG regelt die Reihenfolge für den Fall, dass es mehrere...

German Law: American Divorce Decree vs. German support order
Dear M.C., This is a complicated question but I am familiar with the problem. I would need more information to determine which decision is valid here according to international law. The Hague Convention applies. And I am not sure if the decisions got served...

German Law: Cell Phone Call Recorder Application.
Dear Mr. Akerkar, According to German law consumer s are allowed to record conversations without the permission of the other party. But they are not allowed to let other people listen to the recordings. Exception: they can play the recordings at a court...

German Law: child in Philippines, German passport, German citizenship
German passport, German citizenship, Philippines: Don t worry, you are not late at all. If you and the father are not married, he needs to sign an affidavit of paternity ( Vaterschaftsanerkenntnis ) at the Jugendamt (if he is in Germany) or at the German Embassy (if he is in the Philippines). This...

German Law: divorce, where to file in Germany, divorce, Germany
divorce, Germany, France: Hello Shahida, if you want to file for divorce in Nürnberg (which you can do if your husband lives there), you would need to file for divorce with the Local Court ( Amtsgericht ) there. Here are their contact details: http://www.justiz.bayern.de/gericht/ag/n/...

German Law: Domestic violence and attempt of bigamy
Dear Christina, I am sorry about your situation. Unfortunately I will not be able to help you. According to German law you are not legally married. If your partner is abusing you I would advise you to leave him as soon as possible and to start over. You...

German Law: Elternunterhalt when living abroad
Dear Lars, According to German law you are obligated to pay support if your income is high enough. The German Sozialamt could file a law suit against you if you don t cooperate and enforce the payment in London. I would like to set up a consultation...

German Law: german tax, wages, taxation
wages, taxation, salary: German tax authorities collect wage taxes from the employers which serve as a prepayment on the income tax burden of the employees. Thus, the employer has to check if the wage taxation (Lohnsteuer) is handled correctly and he pays out to the employee only...

German Law: Judge and Lawyer Dual Roles ?.
The job profile of the lawyer as an independent institution of the judicature of its own right is incompatible with many other occupations. Since it is one of the main roles of the judge to establish the facts of the case (the decision upon his legal opinion...

German Law: Judge and Lawyer Dual Roles ?.
Dear Mr. Akerkar, According to Art. 47 BRAO judges are not allowed to work as lawyers as well in Germany. They have to retire or quit their job as a judge in order to be able to get licensed by the bar association to represent cases in Germany as a lawyer....

German Law: Loss of German citzensip, German citizenship, ius sanguinis
German citizenship, ius sanguinis, naturalization: Hello Mariza, if your husband s parents applied for naturalization in South Africa for themselves and for their son (your husband) without obtaining prior approval from Germany pursuant to § 25 II StAG (which I don t know if they did), then they and your...

German Law: Old Debt Germany - USA, debt, enforcement
debt, enforcement, property: Hello, as you have been making regular payments until now, you d have a hard time arguing that the statute of limitations has expired on the debt. With each payment, you would be deemed to have acknowledged the existence of the debt (§ 212 I no. 2 BGB)....

German Law: Separation and Child Custody, Germany, divorce
Germany, divorce, child custody: Hello Cindy, 1. you can of course apply for sole custody of the child, but you would need to show good reasons why you want the father to be out of the child s life. Usually, shared custody should be upheld even after a couple s separation and divorce....

German Law: spousal maintenance: new partner, Germany, alimony
Germany, alimony, maintenance: Hello, the statute is § 1579 no. 2 BGB and it kicks in once the receiving spouse has been in a serious new partnership for several (usually between 2 and 3) years. Because this statute is connected to alimony law, the economic ties between the new partners...

German Law: Baby outside marriage - Turkey, custody, Turkey
custody, Turkey, child custody: Hello Aisha, I don t get the point of such a letter. Child custody has nothing to do with whether your relationship still has a chance or not. Child custody is a legal matter which will be decided based on the laws of the country that has jurisdiction:...

German Law: How to I bring my german daughter to the US?, Jugendamt, Germany
Jugendamt, Germany, custody: Hello Darla, first of all we would need to obtain the paperwork from the Jugendamt to see if the mother lost custody. From what you say, it sounds like it. Even though you did not have shared custody, if the mother lost custody, you should normally receive...

German Law: dividing assets on separation, assets, property
assets, property, distribution: Hello Kevin, I you have not been married, family law does not apply. The division of assets is then governed by property and contract law, which means we would need to look at each specific item and find out what the two of you agreed on upon its purchase....

German Law: German Child Support, child support, Germany
child support, Germany, UK: Hello Mark, the county simply assumed that you were able to pay the minimum child support. You do not need to worry about this letter much, as they cannot force you to pay. Only a court can. With your current income, you do not need to pay any child...

German Law: german inheritance laws, inheritance, claim
inheritance, claim, lost: All wills have to be delivered at the local court (Amtsgericht- Nachlassgericht) which is competent for the district where the deceased had his last residence. They open the will and send copies to anyone involved - provided that they are aware of their names...

German Law: Marrying an Asylum Seeker in Germany, marriage, Germany
marriage, Germany, Nigeria: Hello Val, that s a tricky situation, but not an uncommon one. I would usually recommend to come clean and to get married under his real identity. Anything else will lead to heaps of problems later on, from applying for visas, eventually citizenship, and...

German Law: Money stolen from bank Account by card
Dear Mr. Patel, You can file a report at the police office if you want the prosecutor involved. You can also file a civil law suit against the offender if there is a good chance that the person will pay you the money back. There will be legal costs for...

German Law: must we pay US tax on Altersrente
Since I am a German lawyer I cannot advise you on US tax laws. What I can say however is that the pension would be subject to German income taxation. Whether it is tax free in the US or whether it is subject to US taxes with the Option to deduct the German...

German Law: obtaining german citizenship through grandparent and parent, § 14 StAG, Einbürgerung
§ 14 StAG, Einbürgerung, Studium: Hallo Mark, der deutsche Begriff ist einfach Einbürgerung nach § 14 StAG . Da dies eine Ermessens- und keine Anspruchseinbürgerung darstellt, ist es besser, so viele Bindungen an Deutschland wie möglich zu haben. In Nr. 4 meiner FAQ liste ich einige...

German Law: Is a person a citizen of Germany today?, GDR, FRG
GDR, FRG, East Germany: If that person never applied for any other citizenship, then he never lost his German citizenship. Acquiring US citizenship by virtue of being born there does not lead to the loss of his German citizenship. The Federal Republic of Germany (West Germany)...

German Law: Possible Child Support?
Dear Ken, Your son could possibly claim support for the future if he has no own income but he can not claim back support. It sounds like the German Youth Department paid the minimum support for your son in the past of ca. 176,00 EUR per months. They...

German Law: Refugee travel document recognised by Germany?, refugee travel document, Reiseausweis für Flüchtlinge
refugee travel document, Reiseausweis für Flüchtlinge, GFK: Buongiorno Rashid, Germany should recognise the refugee travel document issued by Italy (§ 3 III no. 1 AufenthV). If you apply for a visa at the German Embassy in Italy, they should issue a visa in your Italian refugee travel document. However, once...

German Law: Residence permit in Germany, German citizenship, German passport
German citizenship, German passport, naturalization: Hello Jon, The 8 years of residence are the standard requirement for naturalization in Germany. However, this gets reduced to 7 years if you pass the Integrationskurs and can get reduced to 6 years if your German language level is at B2 (instead of...

German Law: Taxes for American Freelancers, Germany, USA
Germany, USA, tax: Hello Joy, for 2013, the basic tax-exempt amount is 8,130 EUR. If your profit (not your revenues) is below that amount, you do not need to pay any income tax in Germany. If your revenues are below that amount, you don t even need to bother about showing...

German Law: Under the German child support guidelines, child support, visitation
child support, visitation, Germany: Visitation rights are NOT linked to child support. Anything else would be unfair, especially considering that visitation rights are also a right of the child(ren). Children have a right to regular contact with both parents (§ 1684 I BGB) and this right is...

German Law: Want to get divorced
Dear Christine, If you want to file for divorce in Germany there is no procedure to recognize the separation period legally. But there are certain rules you have to observe to be legally separated. You have to have at least separate bedrooms and quit having...

German Law: changing visa type, Blue Card, Germany
Blue Card, Germany, visa: If you fulfil the requirements for the Blue Card, you can switch to the Blue Card and start your job as soon as you will have received the Blue Card. You do not need to complete your studies. Welcome to Germany! Andreas Moser www.moser-law.com www.andreasmoser.wordpress.co...

German Law: Deutsche Staatsangehörigkeit aus dem Ausland, Einbürgerung, Indien
Einbürgerung, Indien, Deutschland: Ja, es ist möglich, die deutsche Staatsangehörigkeit zu beantragen, obwohl man im Ausland wohnt: § 14 StAG. Die Voraussetzung sind allerdings sehr enge Bindungen an Deutschland. Die Ehe mit einem Deutschen gehört dazu, reicht allein aber nicht aus. Hinzu...

German Law: Divorce from a German National, divorce, Germany
divorce, Germany, alimony: First of all, I am a bit unsure about which divorce papers the husband sent. In Germany, the spouses don t send around divorce papers, only the court does. If you wish, you can e-mail me the paperwork that your friend received and I can take a look at it....

German Law: Dual Citizenship - Germany & UK, dual citizenship, Germany
dual citizenship, Germany, UK: Applying for British citizenship won t have any negative effect on your German citizenship. At least as long as the UK will still be a member state of the EU by the time you receive your British citizenship. ;-) Germany does not have any problem with dual...

German Law: Facilitated naturalization - StAG 14 question, naturalization, Germany
naturalization, Germany, Bogota: As your mother will (hopefully) receive naturalization, her German citizenship will not be awarded retroactively. She will only be a German citizen from the time of naturalization onwards. The effect of her German citizenship will therefore not be backdated...

German Law: Inheritance tax, German, inheritance
German, inheritance, tax: As you maintained your residence in Germany at the time your father died you would be subject to unlimited inheritance taxation in Germany including all world-widely located assets. German tax exemptions such as the mentioned the personal tax exemption of...

German Law: Inquiries about citizenship by birth in Germany, German citizenship, German passport
German citizenship, German passport, ius soli: Yes, Germany does have a ius soli component in its citizenship law since 2000. If one foreign parent has been residing in Germany for at least 8 years and has permanent residence in Germany at the time of the child s birth in Germany, the child will receive...

German Law: permanent residence permit, Germany, residence permit
Germany, residence permit, permanent residence: You should receive a permanent residence permit ( Niederlassungserlaubnis ) the next time you apply for renewal: § 28 II 1 AufenthG. The only conditions are that you are in employment and have been contributing to the pension/retirement system continuously....

German Law: qualifying for permanent residency, Niederlassungserlaubnis, student visa
Niederlassungserlaubnis, student visa, Germany: Hello Martin, § 9 II no. 1 AufenthG requires that you have had an Aufenthaltserlaubnis for the past 5 years, which would disqualify any previous time from being counted. I checked the administrative guidelines on how to interpret this, and no. 9.2.1.1.1...

German Law: Abducted child eligible for german citizenship?, German citizenship, Germany
German citizenship, Germany, Pakistan: Hello Aida, based on your mother being German, you may well have German citizenship. It depends on the citizenship law in place at the time of your birth (1984 or 1985 I assume). If you were born in Germany, you should be able to get a copy of your...

German Law: Anfrage zum Familiennachzug aus Kenia, Visum, Botschaft
Visum, Botschaft, Deutschland: Sehr geehrter Herr Thomas, es stimmt mich traurig, daß sich die deutsche Botschaft in Kenia anscheined nicht vorstellen kann, daß Menschen unterschiedlicher Staatsangehörigkeit sich verlieben und deshalb heiraten. Anzeigen gegen die Botschaftsmitarbeiter...

German Law: Child Support after 18 from German father for Daughter in USA, child support payments, german attorney
child support payments, german attorney, german father: Dear Carla, Normally Florida Law would apply for the child support calculation if your daughter will live and study in Florida. I would need to look up the Florida Law to see if your daughter is still entitled to receive child support for her studies after...

German Law: Child support, Germany, child support
Germany, child support, Vietnam: If the father s paternity is legally established (for example if he acknowledged it or the couple was married when they had the child), then the mother can of course sue the father for child support. She would first need to find out his address and find...

German Law: Child Support Duration, child support, Germany
child support, Germany, apprenticeship: 1. Because your son is 18, you have no more obligation towards his mother. If at all, he has a claim himself, so you can choose to deal with him directly if you prefer to do so. 2. Your son could theoretically still have a claim for support, if he doesn...

German Law: custody for married couples in Germany, Germany, custody
Germany, custody, child custody: Hello Dan, you are absolutely right: Married couples in Germany automatically have shared custody. This also remains the case if you separate or divorce, until the court would make a decision about transferring custody to one parent only. For more about...

German Law: Divorce filed in Germany, respondent in US, lawyer fees, legal advice
lawyer fees, legal advice, German lawyer: For a full consultation I charge 150 EUR. This would cover the translation of documents, a telephonic consultation and writing a reply for you to the Family Court in Germany. If you only need me to read through the documents and give you the gist of them...

German Law: Divorce in Germany or US, US, Germany
US, Germany, divorce: Whether the US, or more precisely your current state of residence, already has jurisdiction over you and for the planned divorce proceeding depends on how long you have bee living there. Because your wife and son still live in Germany, Germany definitely...

German Law: Divorced, child in Germany, father in UK - payments?, child trust fund, living and working in germany
child trust fund, living and working in germany, german attorney: Dear Sam, According to German law you are obligated to pay for the sports club (Mehrbedarf). The mother is the primary care taker so you have to pay for all your son s expense, unless they are very unreasonable. You are normally not obligated to pay for...

German Law: Documents needed, german attorney, marriage certificate
german attorney, marriage certificate, deceased wife: Dear Uwe, The Standesamt is responsible for the issuing of the death certificate. I guess that the funeral home just helping you out in your case. Unfortunately it is common that the Standesamt is asking for a copy of the marriage certificate. Sincerely,...

German Law: Divorced, child in Germany, father in UK - payments?, sportsclub, legal expert
German Law: Divorced, child in Germany, father in UK - payments?, sportsclub, legal expert, disposable income

German Law: german citizenship after divorce, German passport, German citizenship
German passport, German citizenship, India: Hello Anna, first of all, as long as your daughter will live in Germany and you will retain at least shared custody, your residence permit ( Aufenthaltserlaubnis ) will be extended even after the divorce. You will then, once you meet the language and...

German Law: German inheritance Laws, inheritance laws, assets and liabilities
inheritance laws, assets and liabilities, legal impact: The discovery is not dependent on any form of acceptance. However, it maybe that a certificate of inheritance (Erbschein) is needed so that banks and other third parties give you the necessary information. It serves as an ID of the heirs and it is issued by...

German Law: German Passport for American, German passport, German citizenship
German passport, German citizenship: Yes, you can, but Germany would require you to give up your US citizenship. Also, you would need to speak German fluently and prove that you are integrated in Germany. It is possible to obtain German citizenship from abroad, but you need to show very close...

German Law: German tourist visa for fiancée of US soldier, Germany, visa
Germany, visa, fiancee: Sure. I would charge my standard consultation fee of 150 EUR ( http://moser-law.com/faq.htm#lawyer ) for which I would write both your fiancé s and your letters in German. The would cover the points we have addressed already, plus some additional legal...

German Law: can I get germany passport, german citizenship, citizenship law
german citizenship, citizenship law, legal immigrant: Hello Andrea, you could have German citizenship if your father still had German citizenship when you were born. If your father never had German citizenship, then he couldn t pass it on. If he had German citizenship but lost it before you were born,...

German Law: help divorce Kenyan in Germany, Kenya, Germany
Kenya, Germany, marriage: Hello Mercy, if you have no intention of staying in Germany, you can of course return to Kenya anytime. You can file for divorce there or in the German courts without returning to Germany yourself. You are under no obligation at all to remain in Germany...

German Law: History Day - Germany - changes after Holocaust, Germany, history
Germany, history, Holocaust: Hello Tatiana, that is a very interesting - but also a very broad - subject! Obviously, a lot changed in Germany. It starts with the formal level, that the German Empire ( Deutsches Reich ) no longer existed as a country. After a limbo of 4 years, in...

German Law: Indian Citizen - Work Permit Extension, Germany, work permit
Germany, work permit, residence permit: You can get the residence and work permit extended while working in Germany, especially if you will continue to work in the same job for the same company. As soon as you will know for sure, get it confirmed by the company in writing, and take all of these...

German Law: Inheritance, renvoi, Germany
renvoi, Germany, South Africa: German courts apply the inheritance laws of the jurisdiction the deceased had been a citizen of, i.e. South African law including not only th inheritance law but also the rules of private international law. For South Africa to my knowledge the last domicile...

German Law: Inheritance law, waiver, codicil
waiver, codicil, will: The period for the waiver of an inheritance starts as soon as one receives knowledge on the inheritance. However, I do not think that you meant this: Why should one waive an inheritance which she is not supposed to get anyway? Maybe it would be advisable to...

German Law: Getting Married in Germany, Germany, US
Germany, US, marriage: Hello Nicholas, with a US passport, your fiancée can travel to Germany without a visa for 3 months. If you get married within that time, she will then fall under the NATO Status of Forces Agreement (SOFA) which means she will be exempt from German immigration...

German Law: please help, german attorney, german wife
german attorney, german wife, school vacation: Dear Nicholas, According to German law you are allowed to spend every other weekend and every Wednesday afternoon and evening with your son. If he is under two years old he normally is not allowed to stay over night at your place. You also have the right...

German Law: Sibling Visitation, court summons, younger siblings
court summons, younger siblings, parental visitation: The court will take everything into consideration, but due to § 1685 I BGB the burden of proof is on the teenager who wishes to have visitation. She would need to prove that it is in the other two children s best interest. A hard feat, I would say, with the...

German Law: Unable to pay Debts in germany, debt collection agency, passport control
debt collection agency, passport control, constitutional freedom: They can cancel the credit arrangement. Unless you have not been convicted to imprisonment or unless you violate conditions imposed during probation you can exercise your constitutional freedom of movement in order to travel abroad. However, your creditors...

German Law: advice - moving from Poland to Germany, Poland, Germany
Poland, Germany, India: Hello Jadwiga, yes, you and your husband can move to Germany together. Because of your German citizenship, your husband qualifies for a German residence permit according to § 28 AufenthG. But even if you only had Polish citizenship, you could still...

German Law: advice please, goethe institut, marrige
goethe institut, marrige, goethe: Nach Ihrer Eheschließung im Ausland können Sie beim Standesamt Ihres Wohnorts in Deutschland die Beurkundung Ihrer Eheschließung im Eheregister beantragen (§ 34 Personenstandsgesetz - PStG). Damit können Sie Ihre Eheschließung und Ihre Namensführung jederzeit...

German Law: Canceling a lease, lease, Germany
lease, Germany, rent: Since you say that the contract does not mention anything about the cancellation if rental is shorted I would say that no cancellation is possible. It does not make if a difference if the leasing object is a vacation home or not. If it is the period is fixed,...

German Law: child support for son at university, child support, Germany
child support, Germany, adult child: Hello Bruce, first the easy part: You will never be forced to pay, nor will your income be in any way relevant. You have no legal relationship to your wife s son from a previous relationship and therefore you have no legal obligation. Your wife is theoretically...

German Law: Child Support/Visitation US Military Man VS German Ex-Wife, child support, attorney
child support, attorney, Germany: Of course he can get an attorney in Germany. He can file for a contact and visitation order, but I would not recommend going straight to the court. I would try the Jugendamt (Child & Youth Services) first. Even if they won t help much, the court will...

German Law: Divorce, german air force, retirement assets
german air force, retirement assets, german attorney: Dear Ida, According to German law and New Mexican law your husband is obligated to support you and your daughter financially while you are still married. If your husband is not giving you any spending money you can contact your husband s commander or a...

German Law: Divorce from US-American, renvoi, international private law
renvoi, international private law, Rome III: Hello Kathrin, the German court could apply the law of the US state where you last resided because it was your last joint residence. But then German courts often assume a so-called renvoi (a rather complicated instrument of international private law)...

German Law: german inheritance, national inheritance, matrimonial regime
national inheritance, matrimonial regime, assets liabilities: In general, there is no compulsory share unless the wife has been disinherited in a will. However, it may be different if the assets forming the estate are of a low value. Concerning the matrimonial regime not the place of marriage but the residences of the...

German Law: Germany's Inquiries, Germany, inheritance tax
Germany, inheritance tax, estate tax: German Inheritance Taxation depends on either the last residence of the deceased up to five years prior to his death or the location of assets in Germany. It could also be that the deceased was liable for income taxes regarding his pension and that he did...

German Law: Inheritance, inheritance law, german citizen
inheritance law, german citizen, german attorney: Dear Mia, if there was no will left South African inheritance law applies. If there was no will it depends on South African law if you will receive a part of the money in your brother s bank account. You would need to contact a lawyer in South Africa...

German Law: Kindergeld, german attorney, months of the year
german attorney, months of the year, attorney at law: Dear Tejaswini, Your husband is only allowed to receive Kindergeld if the child lives permanently in Germany. If you move for over six months of the year to a different country with your child your husband has no right to continue to receive Kindergeld....

German Law: kindergeld., arbeitsagentur de, kindergeld
arbeitsagentur de, kindergeld, ewr: Die Sechsmonatsfrist ist nicht entscheidend. Entscheidend ist, dass - der anspruchsberechtigte Elternteil in Deutschland unbeschränkt einkommensteuerpflichtig ist, - das Kind in einem EU- oder EWR-Land lebt oder in einem Drittland leben, dass mit Deutschland...

German Law: kindergeld, double taxation agreement, income taxation
double taxation agreement, income taxation, german citizenship: No taxation - no benefits. That simple. Unlimited taxation requires a residence or an habitual abode in Germany. Residence means maintaining an accomodation fit for use at any time. The regulations in the German-Israeli Double Taxation Agreement could stipulate...

German Law: Kindergeld held hostage, dank im voraus, german attorney
dank im voraus, german attorney, held hostage: Dear Susan, Garnishment is possible if the father pays always less child support for a long time because you have to pay the transfer fees and the transfer fee is a relevant amount (around 50.00 EUR). The amount needs to add up over time to at least ca....

German Law: Land titles, titles, land
titles, land, register: In order to make an inquiry at the local land registry of deeds and ask for an extract from the register you would need the legal land description of the property (Gemarkung = local subdistrict; Flur = cadastral district; Flurstück = cadastral unit; Blatt...

German Law: Getting married in Germany, Germany, getting married
Germany, getting married, visa: Hello Rose, yes, it is possible that you will be able to get a tourist Schengen visa through your boyfriend s sponsorship and that you will be able to get married in Germany during that stay. But if you are still in the UK for at least a month or two,...

German Law: Migration from Spain to Germany, Germany, Spain
Germany, Spain, EU: Hello Faraz, if your visa/residence card is based on your relationship with an EU citizen, then it is probably based on EC regulation 2004/38. This European law only gives you a residence (and work) permit because of your relationship with an EU citizen,...

German Law: Paternity and child support in Germany, child support purposes, family court proceedings
child support purposes, family court proceedings, dna text: Mother and child can sue in Germany both for DNA test and child support. The enforcement of such judgment for a DNA test in the US is a further question. Involvement of other man does not affect claims unless the mother had been married at the time when the...

German Law: Process of withdrawing German residence permit etc., Cuba, Switzerland
Cuba, Switzerland, Schegen: Hello Hannah, if the underlying reason for the residence permit (i.e. the relationship with a German spouse) is no longer existent, then the foreign spouse actually has an obligation to inform the immigration authorities himself. Of course the German spouse...

German Law: Unterhalt nach amerikanischen Scheidungsurteil, unterhalt, sohn
unterhalt, sohn, protection act: Hallo Eva, wenn der Sohn nun in Deutschland wohnt und studiert greift das deutsche Unterhaltsrecht ein. Danach ist Ihr Mann verpflichtet das Universitaetsstudium zu finanzieren. Der Sohn koennte in Deutschland einen neuen Unterhaltstitel erwirken. Die Kindesmutter...

German Law: Birth Certificate, person signs, german woman
person signs, german woman, birth certificate: Dear Tremaine, The mother will give the father s name to the Standesamt to obtain a birth certificate. She has to contact the Youth Department and they will step in with support if the father is not paying. They will enforce the back support and future...

German Law: child custody, sole custody, joint custody
sole custody, joint custody, german law: Dear John, According to German Law the mother has sole custody of the child. But your son and the mother can set up an appointment with the local Youth Department so that they can create a document that gives your son joint custody. This will help your...

German Law: Child Support, welfare office, german laws
welfare office, german laws, having my baby: If the child welfare office gives an advancement the government will sekk to get its money back from you. Furthermore, she can file an application at the child welfare office for assistance to get the support on her own behalf. So, both opinions are true...

German Law: Child Support, jugendamt, sehr geehrte
jugendamt, sehr geehrte, stubbs: Sehr geehrte Frau Stubbs, nach deutschem Recht koennen Sie nur die Zahlungen des vom deutschen Gericht festgelegten Betrages seit der Einstellung der Zahlungen fuer die Vergangenheit von dem Vater verlangen und in den USA vollstrecken. Das zustaendige Jugendamt...

German Law: German Ancestor, german embassy in pakistan, german ancestor
german embassy in pakistan, german ancestor, german grandmother: Dear Bilal Ahmed, A client of mine informed me that he received the German citizenship in a similar situation like yours. But his father was German. You have to contact the German Embassy in Pakistan. Unfortunately I am not an Immigration Law expert. ...

German Law: German child support - 16 years later, France, child support
France, child support, arrest: Hello Joe, you have absolutely nothing to worry about! Child support enforcement is a purely civil matter with which the border police and the Schengen Information System are not concerned. Very theoretically, the mother could find out about your...

German Law: German passport if dad born citizen?, Germany, passport
Germany, passport, citizenship: Hello Tiffany, in order to apply for a German passport you will need to be a German citizen. So you would need to apply for a citizenship certificate first. You would have received German citizenship if at least one of your parents had German citizenship...

German Law: German visa - Indian citizen, India, Germany
India, Germany, passport: You are right about the general rule in German law, but it depends how your client acquired Indian citizenship. § 25 I StAG (Staatsangehörigkeitsgesetz) states that a German citizen will lose her German citizenship if she (or her parents or guardians on...

German Law: Inheritance, inheritance taxes, lease contracts
inheritance taxes, lease contracts, executor: The executor is obliged to set up an estate inventory without undue delay. He also has to render account on his activities regularly. If he fails to do so you can apply for his dismissal by the court. I would also inform the court on your existence and ask...

German Law: inherited property in marriage, Germany, divorce
Germany, divorce, property: Hello Valence, if your father left the property to you, it is excluded from marital property and your husband has no claim to it in the course of the dissolution of the marriage (§ 1374 II BGB). However, you said that your father left the property to...

German Law: legacy split, matrimonial regime, Germany
matrimonial regime, Germany, Montenegro: I tried to make a little more clear. I also improved my answer linguistically. I just corrected some typos. The application of German inheritance law and family law follows different rules. According to German international law German inheritance law...

German Law: Marriage Annulment in Germany, Germany, divorce
Germany, divorce, annulment: Hello Miles, it is extremely hard to get a marriage annulled in Germany. You need to fulfil very narrow requirements (laid out in § 1314 BGB). § 1314 II no. 3 BGB explicitly states that you cannot contest the marriage if you have been mislead about...

German Law: Physical custody between USA & Germany, child support payments, working in germany
child support payments, working in germany, time in germany: Dear Marc, You can only claim Kindergeld for a child if he/she lives permanently in Germany. I am not a tax attorney but I think that you can claim child support for a child in the US as aussergewoehnliche Belastungen. I don t think you can claim the transatlantic...

German Law: Re open Divorce, pay statements, claim deed
pay statements, claim deed, german court: Dear Brian, You can not change the alimony back payments. But if your current income is still lower and you ex-wife is still claiming support from you we might be able to lower the payments for the future by filing a support adjustment claim at the local...

German Law: Rent reduction, explicit condition, full rent
explicit condition, full rent, inconvenience: You can only deduct for months in which the defect factually occors. Payment of the full rent under the explicit condition of deduction for defects ocurring in the future would be a more suitable step. With this you can setoff the rent which is to be reduced...

German Law: child abduction/custody, USA, Germany
USA, Germany, child abduction: Hello Janine, if you stay in another country (e.g. Germany) longer than the permitted time, this would constitute an illegal child retention. Your husband could file for the return of your son under the Hague Child Abduction Convention. The paper signed...

German Law: Child support, south walker, german attorney
south walker, german attorney, german authorities: Nicholas, You have to look up the Jugendamt (Youth Department) in the German city the mother of your child lives in on google. And find out the telephone number. If you try to call them you have to call before 3.00 pm German time if you want to reach somebody....

German Law: child support paid directly to my son, alimoney, south walker
alimoney, south walker, german attorney: Dear Lino, As soon as your son turns 18 years old you can ask him to open his own bank account and you are allowed to transfer his support each month into his bank account. There is no specific article in the German Civil Code (BGB) regulating details about...

German Law: Divorce/ Child custody, divorce child custody, german citizenship
divorce child custody, german citizenship, salman khan: Dear Mr. Khan, I think you have a very good chances to receive custody of your children if your wife is not mentally stable. Your wife would be ordered to move out of the house by the judge if your lawyer files for custody and divorce at the same time....

German Law: Divorce and court orders recognized in Alabama, south walker, german attorney
south walker, german attorney, street columbia: Dear Mrs. Dunkin, I would be glad to take a look at your German court orders and advice you what would be the best solution in your situation. You can contact me directly at csb@germanlegalservices.com and I can give you an appointment for a telephone consultation....

German Law: Dual citizenship for our adopted daughter, german citizenship, german citizen
german citizenship, german citizen, michael dear: Dear Michael, This is the information I found online for your question: Ihr Adoptivkind erwirbt die deutsche Staatsangehörigkeit, wenn Sie es im Rahmen einer starken Adoption annehmen oder eine schwache Adoption in eine Adoption mit starker Wirkung umgewandelt...

German Law: German citizenship by birth and/or parentage, german citizenship, andreas moser
german citizenship, andreas moser, citizenship law: Hello Konrad, you have no legal advantage, as in the strict eyes of the law you are a US/Iranian citizen. But of course you have an indirect advantage if you still speak German, as you will either find employment more easily (leading to a work-based...

German Law: Can Germans Take US Passport, child out of wedlock, south walker
child out of wedlock, south walker, german attorney: Dear S., If the mother has sole custody you are not allowed to take the child to the US without the mother s permission. So I guess the mother is worried that you could take the child to the US as long as you have a US passport for the child. You should...

German Law: Inheritance, german hometown, probate court
german hometown, probate court, inheritance tax: Dear Robin, in case your uncle dies you and his girlfriend need to obtain an inheritance certificate from the German probate court in your uncle s German hometown. You can look up the web site from the German Embassy in Washington they have useful information...

German Law: Parents live together, Germany, India
Germany, India, family reunion: Hello Ahmad, that s quite hard unfortunately. For family reunion, there are only entitlements for spouses, children and parents if you would be a minor. For parents of adults, it is up to the discretion of the immigration authorities. § 36 II AufenthG...

German Law: RVG Attorney Fees Inheritance, German, lawyer fees
German, lawyer fees, attorney fees: 1. It depends on what the lawyer does for you. If raises your claim in court in a contentious proceeding the amount of your claim is the determinant. If a proceeding is intitated that affects the whole estate (such as the proceeding under the Family Court...

German Law: Vacation rental - rights under the german law, lease periods, notice periods
lease periods, notice periods, apartment building: P.S. Fixed lease periods can only be agreed upon if the apartment is let for a temporary use. Decisive is whether the tenant wanted to establish his center of life in the apartment. If the landlord knew and approved that you brought four dogs with you at...

German Law: Work outside Germany on a resident permit, andreas moser, swift reply
andreas moser, swift reply, german authorities: § 14 StAG refers to citizenship, not to residence. It only means that somebody can apply for German citizenship despite not living in Germany if all the other conditions (especially the language requirement) are met. In addition, there need to be close ties...

German Law: two years marriage, German citizenship, married
German citizenship, married, India: Hello Ahmad, yes, you are absolutely right. After living in Germany for 3 years and being married to a German citizen for 2 years, you can receive German citizenship. As you have also completed the language and the integration course, you should not experience...

German Law: Child Maintenance between Filipina Mother and German Father, child support, Germany
child support, Germany, Philippines: 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...

German Law: Child support, german citizen, german attorney
german citizen, german attorney, german child: Dear Patty, In your case the law of the US state applies where your children live. I am only a German law expert. According to German law your husband s income is not relevant. But you are obligated to find a part time job to pay at least the minimum...

German Law: Child support, child support payments, child support amount
child support payments, child support amount, german lawyer: Dear Mrs. Saunde, According to international law the German law will apply for the calculation of child support when the child lives permanently in Germany. But the German authorities will not step in unless the mother will go to the Youth Department or...

German Law: Divorce from German Spouse/Retaining Custody of Chirldren, hague convention, german supreme court
hague convention, german supreme court, success chances: Dear Andre, Your wife violated the Hague Convention when she took the children to live with her permanently in Germany without your consent. My partner in Munich and I have experience with Hague Convention cases and we can file a claim for you at the local...

German Law: German Adoption of American child, adoption, Germany
adoption, Germany: Hello Lauralie, US citizens can of course give up children for adoption in Germany. I have handled such cases, just as the other way round, when I represented US parents who wanted to adopt in Germany. In Germany, the applicable law is determined by...

German Law: inheritance, inheritance, konto
inheritance, konto, germany: Yes, but in order to known what to claim for you should demand more information on the status of the account (Oder-Konto/ Und-Konto) and its balance at the time when your mother had died. In terms of an additional compulsory share it would be helpful to know...

German Law: Inheritance from Germany, criminal offence, german authorities
criminal offence, german authorities, time span: Every heir has to file a tax return to the German authorities. I do not know about US law but if the heir dies before having done this this obligation is passed to his/ her respective heirs. The failure to deliver a tax return can be prosecuted as a criminal...

German Law: Inheritance property abraod ad Divorce, german citizenship, best regard
german citizenship, best regard, german attorney: Dear Salman, You only have to pay taxes Erschaftsteuer in Germany if you don t pay any taxes in Pakistan. But there will be probably a free amount Freibetrag . You would need to contact me at csb@germanlegalservices.com and give me more information and...

German Law: marriage of foreigners in the German law, marriage, student
marriage, student, asylum: Hello Jomana, the main problem is not even the lack of documents and the immigration status, but that your boyfriend is still married. He will need to get divorced first before he can get married again. Being separated is not enough. Once he will be...

German Law: Married in US divorced in Germany, german citizen, divorce papers
german citizen, divorce papers, divorce decree: Dear James, You need to contact the Amtsgericht (local court) where your ex-wife filed for divorce. If you want to obtain a copy of the divorce decree you would need to write them a letter in German or go to the court in person. Unfortunately the caseworkers...

German Law: Nationality, born in Germany to 2 foreign parents, German citizenship, ius soli
German citizenship, ius soli, US soldier: Hello Tessa, unfortunately you did not obtain German citizenship at birth for several reasons. (1) In 1985, Germany had no ius soli component in its citizenship law yet. German citizenship could only be derived from at least one German parent back then....

German Law: obtaining divorce decree, andreas moser, german citizen
andreas moser, german citizen, divorce decree: As I said, I ll be happy to help. Just contact me directly with all of the details listed above and I can set up the letter or e-mail to the court in German. If that won t work, we ll get the record from the public registry in Germany which would at least...

German Law: Obtaining Right to Leave Germany with Children, child custody law, child abduction
child custody law, child abduction, german citizenship: She does not necessarily need a lawyer, but the whole process will be in German of course. I should also note that your daughter might qualify for German legal aid which will pay her attorney. Se does not need to be a German citizen for that. The duration...

German Law: parental rights - unmarried, mother and child moved to Germany, californian family, independent legal advice
californian family, independent legal advice, accidental pregnancy: Dear Mike, Normally you can file a paternity claim at the German court (Amtsgericht) in the city where the mother is located and you could file a claim for visitation rights as well. But if you don t know the address of the mother and the child this will...

German Law: Residence Orders, Germany, child custody
Germany, child custody, residence order: Hello Rachel, yes, there is. It s called Aufenthaltsbestimmungsrecht . (And that long word is actually only the word for residence , without the order . :-) If both parents have legal custody, either of them can petition the Family Court to award...

German Law: § 14 StAG
Dear Richa, I am not an Immigration Law expert. But according to § 14 StAG, § 8 StAG you will only be able to apply for German citizenship if you live permanently with a visa in Germany. As long as you live and work in India it seems not to be possible...

German Law: Annulment or divorce? How to..., Denmark, Germany
Denmark, Germany, divorce: Hello Rhea, I can t help much because I am a German lawyer and based on the wife s residence in Denmark, the jurisdiction would be in Denmark. The best resource about German divorce law is this list of FAQ: http://andreasmoser.wordpress.com/2009/08/07/10-faq-on-divorce-in-germany/...

German Law: Apostille, power of attorney letter, german attorney
power of attorney letter, german attorney, dear kathy: Dear Kathy, Normally a power of attorney doesn t need a Apostille in Germany to be effective. But your daughter will probably have problems with a power of attorney if it is only written in English. I would be glad to write a power of attorney/Vollmacht...

German Law: Citizenship, German passport, German citizenship
German passport, German citizenship, retirement: Hello, if your wife could get documents from Frankfurt stating that she lived there until 1977 and that she was a German citizen by then, and she signs an affidavit that her German passport was later burnt (maybe there is also an insurance claim or a newspaper...

German Law: Classes of Inheritance, testament states, german attorney
testament states, german attorney, dear bill: Dear Bill, If the testament states that the charities receive all the money the 5 nephews and nieces have no right to claim a part of the inheritance. The so called Pflichtteil exists only for spouses and children of the aunt. Sincerely, Carolin...

German Law: contract termination, severance pay, Germany
severance pay, Germany, employer: In general, your opinion is right that a fixed term work contract is converted into an open ended contract after two years at the latest. However, an open-ended contract can be terminated with three months notice. Depending on the number of employees a reason...

German Law: Divorce from a spouse in the Military, Scheidung, Anerkennung
Scheidung, Anerkennung, Vollstreckung: Hallo Melanie, Sie müssen das Scheidungsurteil in dem jeweils anderen Land nur anerkennen lassen, wenn Sie daraus bestimmte Rechtsfolgen ableiten möchten (wie z.B. finanzielle Ansprüche) oder wenn Sie oder Ihr Mann in dem jeweils anderen Land wieder heiraten...

German Law: french probate, birth cirtificates, french lawyer
birth cirtificates, french lawyer, property in france: Since I practices in Germany I only deal occasionally with French law. However, according to what you are saying (or what you are not saying) I doubt that the notary would have to deal with you at all because I do not see that you have a claim in the inheritance....

German Law: German Citizenship + paternity, Germany, USA
Germany, USA, child: Hello Shelby, you will need to sue the father for establishment of paternity. The court will then give him a chance to acknowledge paternity or otherwise order a DNA test. If the test will prove paternity, the father will have to bear all the expenses incurred...

German Law: Inheritance certificate, probate court, german attorney
probate court, german attorney, legal consultant: Dear Mike, You can file a Beschwerde (objection) at the responsible German probate court within a month from the date the inheritance certificate was issued. This must been done in a formal letter written in German. I would be glad to represent you in...

German Law: Married to German - 2 years visa, Germany, spouse visa
Germany, spouse visa, residence permit: Hello Sam, you can only get the 2-years residence permit as a spouse of a German citizen if you and her both live in Germany together (§ 28 I AufenthG). As long as the German spouse lives outside of Germany, there is no possibility of obtaining this residence...

German Law: Obtaining German citizenship, German citizenship, dual citizenship
German citizenship, dual citizenship, naturalization: Hello Andre, I am afraid I would say you lost your German citizenship when you applied for and received US citizenship (§ 25 I StAG). You received your German citizenship at the time of your birth, irrespective of whether you had any knowledge or documentation...

German Law: payment not made, open invoice, relocation business
open invoice, relocation business, german lawyer: You can raise your claim only against the individuals who have become your contract partner. If you have not had any contacts with the wife at all I would think that only the husband has become your contract partner. Legal venue for payment claims is principally...

German Law: Question about divorce, divorce in germany, retirement assets
divorce in germany, retirement assets, divorce proceedings: Dear Valentina, Unfortunately you are not able to find out if he filed for divorce because you are not a party of the divorce and the court or lawyers are not allowed to give you any information. The more complicated the divorce is (if the parties don...

German Law: Uncle's Will, last will and testament, local court
last will and testament, local court, 3 ways: The local court Amtsgericht - Nachlassgericht - opens the wills and sends copies to all relatives involved provided that it has sufficient knowledge about their identities and addresses and provided that the will was duly delivered to the court by the finder....

German Law: assylum seeker getting married with duldung, Nigeria, Germany
Nigeria, Germany, asylum: Yes, I would inform the court and tell them that once you will be married, you will drop your asylum application and lawsuit (you won t need them anymore, and as you said you expect it to be denied anyway - also, asylum for Nigerians is very rarely granted)....

German Law: Changing target for cease and desist letter (copyright law), filesharing, download
filesharing, download, Urheberrecht: Hello Boris, yes, I think these are valid arguments to raise § 97a II UrhG. Also, the more arguments you have to show that your case is special, the more complicated it would be for the law firm to bring a lawsuit. They will probably shy away from it because...

German Law: child laws/ paternity, soul custody, supreme court decision
soul custody, supreme court decision, german attorney: Dear Jamie, According to German law and if you are not married to the father of your child you have sole custody and the father only has visitation rights. The child will live with you and you can travel or move with the child without the fathers permission....

German Law: Child support in Germany, child support, Germany
child support, Germany, adult child: Hello Stephen, German child support law does not have a clear cut-off age at 18 or at any other age. Child support is due as long as your child is in education or training and cannot support herself financially. In the case of your daughter, it sounds...

German Law: German Child support, german welfare system, welfare department
german welfare system, welfare department, german attorney: Dear Stephen, According to German law you are obligated to pay child support at least until the child turns 18 years old. Afterwards you have to support your daughter if she hasn t finished her education (technical college, university, job trainee ship...

German Law: Germany Sozialhilfe Letter
Dear Derrick, According to German law you are obligated to support your mother financially. But the German government might not be able to enforce the payments here in the US. I would need more information where you live in the US etc. I would be glad to...

German Law: inheritance, inheritance law, german citizen
inheritance law, german citizen, probate court: Dear Larry, I have to correct my answer because you are a US citizen and this means according to Art 25 I EGBGB US law applies for your estate. I am not aware if your daughter is allowed to claim anything according to US-law. According to Art 25 II...

German Law: Inheritance for US Americans in Germany, inheritance, USA
inheritance, USA, Germany: No. Art. 25 II EGBGB allows you to choose German law for real estate in Germany, but this is an option that you have and that you must choose explicitly if you wish to do so. However, I don t see what the benefit of doing so would be if you are a citizen...

German Law: Inheritance claim after 10 years, Erbrecht, Erbschein
Erbrecht, Erbschein, Testament: I am sorry to hear that your mother is giving you such a hard time. The first thing to do would be to contact the Nachlassgericht of the city where your father last lived and ask them to see the file. This will show if there is a testament or not and...

German Law: marriage, german hometown, hungarian citizen
german hometown, hungarian citizen, marriage certificates: Dear Asia, Your fiancee needs to contact the Standesamt (responsible department for marriages) in his German hometown. And possibly also the Standesamt (responsible department for marriages) in his former hometown in Hungary to find out what kind of requirements...

German Law: Obtaining German Citizenship Through Marriage Without Living in Germany, German citizenship
German citizenship: Hello Leo, yes, there is a possibility to obtain German citizenship without ever living in Germany: § 14 StAG (see no. 7 of my FAQ on German citizenship: http://andreasmoser.wordpress.com/2010/12/29/faq-citizenship-law-in-germany/ ). This clause requires...

German Law: Paternity, child support, custody, custody, child custody
custody, child custody, visitation: Hello Gia, I assume that a DNA test was done as part of the paternity process, and then really nothing much else can be done. The existence of another person who acts like the father does not rule out biological paternity of your fiancé, unless that person...

German Law: Child Support calculations You can also deduct , child support, Germany
child support, Germany, mortgage: Wow, that s a tricky one. A lot of the answers depend on the specific circumstances of your case. I ll run through your questions briefly, but much more could be said about any of the points and about the Düsseldorfer Tabelle in general. 1. net income...

German Law: Child support/spouse support, german citizen, spouse support
german citizen, spouse support, divorce decree: Dear David, According to German law you are allowed to keep at least 1000,00 EUR = US-$1317.74 per month for your own expenses. You are also allowed to keep some money to support your child in the US and possibly your current wife. I would need more information...

German Law: About my daughter
Dear Jessica, Normally you will need the father s permission to move to Germany if you don t have sole custody of the child or you might need to obtain a custody decision here in the US. If the father has no contact to the child I would just try to change...

German Law: Divorce & Military Records, divorce, military service
divorce, military service, Germany: Hello Peter, it s the first time that I hear about such a weird law and I don t see the connection between military service and divorce. I would be curious to read that law. Maybe we should point out that military service in (West) Germany was never...

German Law: Must a father's name be on German birth certificate?
German Law: Must a father's name be on German birth certificate?

German Law: family law-divorce, sri lankan law, german attorney
sri lankan law, german attorney, divorce decree: Dear Dihani, You might be able to get the divorce decree registered in Sri Lanka. Or the authorities might accept just a certified translation. You would need to contact a lawyer in Sri Lanka to find out what needs to be done. Sincerely, Carolin Schulz-Burgess...

German Law: German blood, German passport, German citizenship
German passport, German citizenship, Tonga: Hello Tensie, 1) It s hard to say without much more knowledge about the details of your ancestors whether your grandmother s German citizenship was passed down to you. As a general rule, the ancestor must still have had German citizenship by the time the...

German Law: Guardianship of niece in event of death, german attorney, dear christine
german attorney, dear christine, telephone consultation: Dear Christine, If your sister has (sole) custody she can name you as the guardian after her death in her will 1773, 1774, 1776, 1777 BGB. This is called a Sorgerechtsverfuegung in German. This can be done with or without the involvement of a German...

German Law: Must a father's name be on German birth certificate?, german birth certificate, dear angel
german birth certificate, dear angel, german attorney: Dear Angel, You can state at the birth certificate that the father is unknown. But in that case you will not be able to claim any child support etc. from the father in the future. I would advise you to to obtain the last name of the father from the US-Army....

German Law: Paternity and maintenance, paternity, child support
paternity, child support, Germany: Hello Paul, 1. Paternity You can either acknowledge paternity voluntarily or the mother can initiate a court proceeding against you and the court would then order a DNA test. Of course you can also agree on a private DNA test with the mother, which would...

German Law: Power of Attorney for Real Estate, Germany, power of attorney
Germany, power of attorney, Consulate: Hello Marc, 1) § 167 II BGB (German Civil Code) states that the power of attorney does not require the same form as the underlying business, but because § 311b I BGB requires the notarized form for all real-estate deals, many people still insist on the...

German Law: Sponsorship for Sister, Germany, Schengen visa
Germany, Schengen visa, sister: You cannot change the Schengen visa into a work/residence permit. So, if you receive a job offer during your stay in Germany, you would need to apply for the work/residence permit at the German Embassy in your home country or country of residence. Of course...

German Law: Visitation, visitation, contact
visitation, contact, teenager: The father has a legal right to contact and visitation with his daughter (§ 1684 I BGB). This right exists by law and is thus not subject to the child s consent, although it is of course up to the father whether he wants to make use of his right. If you are...

German Law: Annullierung/Scheidung in Deutschland eintragen, Eheaufhebung, Heirat
Eheaufhebung, Heirat, Doppelehe: Sie können das einfach auf sich beruhen lassen, außer wenn Sie befürchten, daß Ihr ehemaliger indischer Mann versuchen wird, Ihre neue Ehe zu torpedieren. Allerdings werden Sie bei der Anmeldung einer Heirat gefragt werden, ob Sie schon einmal verheiratet...

German Law: assets division in case of divorce, Grundbuch, property
Grundbuch, property, real estate: The question of who gets to stay in the house in case of a divorce is independent of who owns it. The Family Court can make a decision on who gets to stay and that decision would usually be based on several factors, among which ownership is only one of them....

German Law: Divorce from German citizen, Malaysia, Germany
Malaysia, Germany, Turkey: The German court would first try to apply the Malaysian law which would need to be applied if you were to file for divorce in Malaysia. It would try to sort out this conflict between the two different legal regimes according to Malaysian law of conflict (if...

German Law: divorce and residence permit, German passport, German citizenship
German passport, German citizenship, divorce: The required time to live together according to § 28 AufenthG was increased from 2 to 3 years in the past few years. To apply for German citizenship as a spouse of a German citizen, you do indeed have to show 3 years of residence and you need to have been...

German Law: Naturalization in Germany for child of German mother born in 1965, Germany, naturalization
Germany, naturalization, citizenship: The law before 1975 did indeed only bestow German citizenship on descendants of German fathers, not of German fathers. This changed in 1975, but not retroactively. Now, Germany is allowing the old cases (like you) to apply for naturalization under easier...

German Law: Obtaining German citizenship, German citizenship, residence
German citizenship, residence, retiree: Hello Shelley, there is a possibility to get naturalized as a German citizen without living there if you can show very close ties to Germany. With such an application, Germany has full discretion on whether to award citizenship or not. There is no entitlement...

German Law: Alimony after divorce
Dear Caroline, According to German law the mother is allowed to work only part time until the child turns 12 years old if this is necessary because the child needs her care. If this is here the case is questionable if the school offers extended care. It...

German Law: Asylum seeker getting married in Germany, asylum, Germany
asylum, Germany, wedding: Hello Waqas, it sounds like you are safe to go ahead with the marriage. There is no order for your deportation at the moment, but I would still recommend to get married as quickly as possible after going to the Standesamt. Pick the first available date....

German Law: Asylum seeker getting marrying
Dear Waqas, I got married to my American husband in Germany. It involved a lot of paperwork and my husband had to provide many documents. I am not sure if it easier to get married in Denmark. Normally you can only get married in the country where your finance...

German Law: Child abduction, International child abduction, child abduction
International child abduction, child abduction, France: If the mother wants to avoid committing a child abduction, she would need to get a German court s permission to leave for a trip with the child. The other option of course would be to leave the child with the father in Germany. Unfortunately, people have...

German Law: EMPLOYMENT LABOUR LAW IN GERMANY, overtime, leave
overtime, leave, employee: 1. Lunch breaks are not part of working hours. 2. If both parties agree this should be possible. If no agreement is made each hour of overtime work has to be paid according to the formular (if you earn a fixed salary): Monthly salary x 3 : 13: number of regular...

German Law: German Citizen ship by Naturalization, Integration, Germany
Integration, Germany: There are no other tests, unless you want to try the C1 or C2 language levels. The level of integration will be determined by your social, economic, personal, family, political and so on integration. If you are active in society, in sports clubs or environmental...

German Law: German Divorce
Dear Dee, I am sorry for the delay. I sent a response on 16.10.2014. I will send it out again directly from allexperts instead of just using the link what I normally do. The splitting of the assets (here house) works this way: if you are the owner...

German Law: Grandparent visitation
Dear Dianna, I assume that you are the mother of the mother of your granddaughter in Germany. According to German law normally only the parents have custody and visitation rights and not the grandparents. But this case seem to be an exception if the child...

German Law: Illegal downloading
This area is a legal mine field. So I cannot give you full legal advice here. However, in contrast to the subscriber the simple user of a telephone does not share the burden of proof that he did not effect an illegal download. So disputing the perpetration...

German Law: Inheritance at the Deutsche bank (DB)
Dear Jerry, It sounds like the bank is preferring to deal with your aunt because she is German and lives in Germany. I suggest that you hire a German Attorney to represent you in this inheritance matter. I would be glad to represent you. I would inform...

German Law: Inheritance Germany
German law does not provide a mandatory probate proceeding. If there is no will neither the courts nor any other authority would be involved. The best way would be to contact the local court which is competent for the last residence of the deceased (Amtsgericht/...

German Law: Recognition of Proxy Marriages
Dear Mr. Nnaemeka Herbert, German law will recognize your marriage according to Ghanaian customs. If you decide to move back to Germany you need to get the Marriage registered. I would be glad to organize this for you. You can contact me directly at csb@germanlegalservices.com....

German Law: Child support/Kindergeld
Hallo Charras, die deutschen und amerikanischen Behoerden arbeiten zusammen bei der Durchsetzung von Unterhaltsanspruechen. Der Anwalt der Mutter Ihrer Kinder wuerde zunaechst ein Unterhaltsurteil gegen Sie erwirken muessen. Und dieses wird nur in den USA...

German Law: copy of grandmother's will, will, Germany
will, Germany: Maybe your grandmother s will had been opened by the court, too? Then you would know if either your mother or your aunt had been appointed as her heirs. Maybe there was no will at all so that her children would have inherited a half share each. This would...

German Law: Elternunterhalt when living abroad
Dear Michael, The legal situation for you and your brother is different because you live in different countries and the law regarding the Elternunterhalt is different for both countries. The situation for you in the UK is better than for your brother...

German Law: Finding a Will and entitlements, will, testament
will, testament, Germany: Hello Carla, you can find out if there was a will (at least if it has been properly handled by whoever found it) by contacting the probate court (Amtsgericht - Nachlassgericht) of the town/county seat where your father last lived. The applicable law...

German Law: Kindergeld fraud, Kindergeld, German
Kindergeld, German, fraud: Changes in the circumstances affecting the granting of Kindergeld have to be reported to the family assistance office ( Familienkasse - a branch of the local Agentur fuer Arbeit ) without undue delay. In the field of Kindergeld benefits the specific...

German Law: Kindergeld in Germany or child benefit in UK, Kindergeld, UK
Kindergeld, UK, child benefit: You are only entitled to Kindergeld as long as you live in Germany. Once you move, you have to let them know and payments will stop. Once you return, you will apply again and payments will resume. It s not too much of a hassle, don t worry! (At least...

German Law: LABOUR LAW GERMANY
Dear Robert, Please contact a lawyer who is specialized in labor law near Norderstedt. The company is obligated to pay your overtime. It would be helpful if you have a written contract or any other proof of the overtime. I hope you get paid soon. ...

German Law: Marriage in Kenya and German course, Kenya, Germany
Kenya, Germany, marriage: There is no requirement that you do the German course before you get married. You can go ahead and get married at any time you both want. You only need to have the German exam (at least at A1 level) when you will apply for your visa for Germany before moving...

German Law: Need assistance for family reunionfication, Pakistan, Germany
Pakistan, Germany, citizenship: Hello Faheem, your wife can move to Germany anytime because she is German. It doesn t matter how long she has been out of the country. For you to join her in Germany under a family reunion visa (§ 28 AufenthG), you would need to convince the German Consulate...

German Law: Overseas foreign owned German apartment. POA ?, apartment, business
apartment, business, Germany: You can conduct all of your business from the Netherlands. Within the EU, you can render and receive professional services in any other EU country. (So, please don t vote for the UK to leave the EU! ;-) However, you may still be sued in Germany because...

German Law: Travel in EU with German Niederlassungserlaubnis, EU, Schengen
EU, Schengen, Niederlassungserlaubnis: It s much better than that: 1) Once you are married, you do not need any residence permit for travcel within the EU (not only Schengen), as long as you are travelling with yiur wife. You fall under EC Directive 2004/38: http://andreasmoser.wordpress.com/2014/09/22/freedom-of-movement-eu/...

German Law: Spouse Visa & Separation, alimony, divorce
alimony, divorce, spouse visa: If you have been married and living in Germany for 3 years, then you will be eligible for your own independent visa even in case of a separation (§ 31 I Nr. 1 AufenthG). This will be a visa for one year, in which time you would need to try to base your visa...

German Law: i want my German doughter right for her father, child support, arrears
child support, arrears, back pay: Hello Fari, you cannot ask for arrears for child support because the father couldn t be expected to put money aside for 12 years if he was never sued for child support. But of course you can start claiming child support now. The amount will be based...

German Law: child abduction and child support, child abduction, kidnapping
child abduction, kidnapping, Germany: Hello, you are absolutely right: if you keep or start paying child support, it could be construed into aquiescence to your wife s child abduction- Simply tell the German child support authority that the child has been abducted and that an action for...

German Law: German Citizenship by Decent, German citizenship, 1975
German citizenship, 1975, mother: Hello Brandon, I grew up very close to Vilshofen, in Amberg. But now to your question: Unfortunately, your grandmother did not pass on German citizenship to your mother because prior to 1975 only German fathers could pass on citizenship. The law was...

German Law: German inheritance Law, will, testament
will, testament, Germany: Potentially yes. It depends on the exact wording of the will, on which relatives were still alive at what point and on when your wife s mother died. Sorry that I can t be more specific without reading the wills in question. For a bit more background...

German Law: Inheritence of RestitutionPension, restitution, Germany
restitution, Germany, widow: Possibly, your father received a pension according to the regulations in the Federal Act regarding the Restitution of Victims Persecuted by the Nazi Regime (Bundesgesetz zur Entschädigung für Opfer der nationalsozialistischen Verfolgung - BER). According to...

German Law: applying for German citizenship from abroad, German passport, German citizenship
German passport, German citizenship, naturalization: You can apply for German citizenship while you are abroad. You will find all the details answered in my relevant FAQ: http://andreasmoser.wordpress.com/2013/09/26/naturalization-in-germany-from-abroad/ However, because this naturalization is one of discretion,...

German Law: can i be deported, asylum, Germany
asylum, Germany, wedding: § 60a II AufenthG states that the deportation proceeding can be suspended in such a case. The suspension (by way of issuing you a Duldung ) is usually granted once a date for the wedding has been set. In my experience, it depends a lot on the local authorities...

German Law: Divorce at German Embassy?, divorce, embassy
divorce, embassy, consulate: Divorces cannot be performed by German embassies or consulates. The couple have two options: (1) File for divorce in Malaysia. (2) Hire a lawyer in Germany and file for divorce there. Because both are German citizens, the German courts have jurisdiction...

German Law: Getting divorce in Germany, divorce, Germany
divorce, Germany, Spain: That s actually very simple: Because you all live in Germany, Germany has jurisdiction. It doesn t matter that you got married in Denmark and that you haven t registered your marriage in Germany. German divorce law requires that you have been living...

German Law: German Citizenship, German passport, German citizenship
German passport, German citizenship, naturalization: Your only chance is naturalization, for which you have two options: a) Living in Germany for 3 years if married to a German or at least 6 years if you are not married to a German: http://andreasmoser.wordpress.com/2013/10/05/infographic-german-citizenship/...

German Law: German Residency Permit, work permit, residence
work permit, residence, Germany: There are two options for your husband to receive a residence + work permit for Germany: 1) Based on being married to a German citizen (assuming that you still have German citizenship). This one is easy to get, but you would both need to live in Germany....

German Law: Inheritance
Dear MiaOK, if your brother was a South African citizen according to international law South African law applies for his estate. German law would only apply for real estate he had in Germany at the time of his death. You can contact me directly at csb@germanlegalservices.com...

German Law: matrimony home protection in divorce, India, Germany
India, Germany, matrimonial home: Just briefly: If both of you are unemployed (or don t have much income), then nobody needs to pay anything to nobody. Your husband is not financially responsible for your health insurance of the language course if he won t find employment after finishing...

German Law: Naturalization process, German passport, German citizenship
German passport, German citizenship, Aussiedler: Actually, with the naturalization, one does usually neither receive the ID card ( Ausweis ) nor the passport. One receives a certificate of citizenship. With that paper, he can then apply for ID card and/or passport right away. He does not need to be in Germany...

German Law: Amendment of child support in Germany after second marriage, child support, Germany
child support, Germany, amendment: Hello, once your new child will be born, you will be able to ask the court for an amendment of the child support order. They will have to take into account that you have another child and that you will also have to care for the child s mother (at least...

German Law: Can a court in Germany order a man to pay child support, Germany, child support
Germany, child support: Under German child support law, the father is allowed to keep 1,000 EUR of his net income for himself. This cannot be touched. However, if the court finds that the father could earn more if he tried seriously, even a father with an income of below 1,000...

German Law: Would it be difficult for a man to get custody of his
Dear Mr., According to German law the mother is obligated to organize visitation for you with your child. There is the possibility that she would loose custody if she is not willing to comply with the court order regarding the visitation regulation. But...

German Law: Divorce
Dear Jose, I would only be able to file for you guys for divorce if your wife is planning to move back to Germany or lives already back over there. For a divorce in Germany with two children I normally charge a retainer of ca. 3500,00 EUR = ca. US-$4900.00...

German Law: German Citizenship Acquisition before 8 years, German citizenship, German passport
German citizenship, German passport, language: Hello Lauren, 1 + 2) Whenever you apply before the 8 years period, you are applying for naturalization by discretion. That means that neither me nor anybody else can give you any definitive answer because it will depend on the overall picture that you...

German Law: German citizenship - in Ausbildung, German citizenship, Ausbildung
German citizenship, Ausbildung, § 25 AufenthG: Hello Olivia, you can apply, but one of the requirements is that you are financially independent. It depends on your Ausbildung (and maybe on your employer) if you earn enough to satisfy that requirement. Depending on your Ausbildung and the job prospects...

German Law: German citizenship from great-great-grandparents, German citizenship, 1975
German citizenship, 1975, mother: Hello Mark, my compliments on the research you have already done and how far you managed to go back! On the mother s side, it is also relevant if any of the ancestors lost German citizenship due to naturalization in the US. We would need to establish...

German Law: If a German father has a daughter in
We could deal with the Jugendamt directly if paternity is established. You would need to establish a relationship with your child step by step. I think your child will love you if she/he feels that he/she is a priority in your live. If you are willing to spend...

German Law: About German Visa based on German daughter, Pakistan, Germany
Pakistan, Germany, German citizenship: Hello Farida, because your daughter is German, you will get an (almost) automatic residence permit in Germany if your daughter moves to live in Germany: § 28 I AufenthG. Because your daughter is only 13, your daughter can of course not move ahead. But...

German Law: Reclaiming gifted property, books, wishlist
books, wishlist, Andreas Moser: Yes, I would, but I will not return before December 2014 because I am in Italy for the whole year to learn Italian (and to travel a bit). You should not wait any longer because of the statute of limitations. Thank you very much for mentioning my wishlist...

German Law: Tax Refund for Joint Return: Who gets the return after divorce?, Anlage U, divorce
Anlage U, divorce, außergewöhnliche Belastung: Signing the Anlage U would mean that you have to pay income taxes and that your husband can deduct his expenses for support fully from his income which can do only in part otherwise. Spouses often agree that husband shall compensate wife for the additional...

German Law: Child maintenance
Dear Jeff, You are obligated to pay support according to German law. You might need to continue to pay after the children turned 18 years old if they are not finished with their education. I would be glad to calculate what you are obligated to pay and...

German Law: Child Support Germany, legal aid, lawyer
legal aid, lawyer, attorney: Yes, if you have a case in Germany, then you may qualify for legal aid. It will depend on your income and assets of course, although you might also try to argue that your son s income should be the relevant factor as you are trying to get child support, not...

German Law: Divorce
Dear Carter, I would be glad to handle this matter for you. I would like to have an initial one hour advisory consultation by phone with you. Please send me an e-mail so that I can send you a client information form to fill out. I will review your information,...

German Law: Dual-citizenship: born pre-1975 to German Mother, § 14 StAG, German citizenship
§ 14 StAG, German citizenship, dual citizenship: Hello Erik, your assessment of the situation is absolutely correct. The problem is that § 14 StAG is really not made for cases like yours. It has only recently been used to rectify old cases on injustice (because German citizenship law discriminated...

German Law: filipina still married to filipino ex-husband and expecting a baby from a german boyfriend, Philippines, annulment
Philippines, annulment, pregnancy: Because you and the father of the baby are not married, you need to establish legal paternity. I don t know about the law of the Philippines, but German law assumes that your husband is the father of your child. If you want your boyfriend to be recognized...

German Law: Frage über §14 StAG, Einbürgerung, Deutschland
Einbürgerung, Deutschland, § 14 StAG: Hallo Jason, ich fürchte, daß das wohl nicht ganz reichen wird, weil (1) Du das letzte Mal 1997 in Deutschland warst, und weil (2) die Zeit in Österreich nicht zählt. Für einen Antrag nach § 14 StAG bräuchtest Du noch mehr Bindungen an Deutschland, wie...

German Law: German artist permit, artist, artist visa
artist, artist visa, freelancer visa: Hello, Australia is not among the countries which are exempt from the requirement in § 21 III AufenthG to have some provisions for retirement if the applicant is over 45 years old. The immigration office will make a prognosis on the viability of your...

German Law: German Citizenship - use of previous stays in Germany, German citizenship, previous stays in Germany
German citizenship, previous stays in Germany, child: Yes. § 12 b II StAG states that up to 5 years of a previous stay in Germany may be counted towards the required residence time when you apply for German citizenship IF these times had been spent in a way that they helped to integrate you in Germany. I...

German Law: Leaving Germany with kids, child abduction, violence
child abduction, violence, domestic abuse: If you leave Germany with your children, you would commit an international child abduction and your husband could file for the return of your children. He would need to go to a court in the US state to which you will abduct the children to. I don t think...

German Law: Marriage - Citizenship - House - Timing, German citizenship, Israel
German citizenship, Israel, dual citizenship: Shalom Ofir, thank you very much for your friendly message and your wishes. Chag sameach! Since I live in Italy, I do indeed have more sunny days than I used to in Germany. I would really miss Israel in Berlin. But now to your questions: 1. According...

German Law: niederlassungserlaubnis für hochqualifizierte expiry, Niederlassungserlaubnis, expiry
Niederlassungserlaubnis, expiry, Hochqualifizierte: Hello Arvind, according to § 51 I no. 7 AufenthG, your Niederlassungserlaubnis will become void if you leave Germany for more than 6 months, unless you ask for prior permission from the Ausländerbehörde for your prolonged leave. If you have good reasons...

German Law: is it possible
Dear Prince Will, You have to go to the Auslaenderbehoerde and apply for an Aufenthaltserlaubnis. If you show them your marriage certificate they will give you the right to stay for another two years and later permanently if you are able to support yourself...

German Law: Resident permit and Hartz 4, ALG II, ALG II, Hartz 4
ALG II, Hartz 4, welfare: You are absolutely right. Receiving welfare (like ALG II = Hartz 4) will have a negative impact on your immigration status. It might prevent you from receiving a permanent residence permit and it might prevent you from gaining German citizenship, if that...

German Law: Discretionary naturalization, naturalization, Germany
naturalization, Germany, Brazil: Hello Marco, I think you are on a good track, but it s not yet enough to apply for German citizenship. If you decide to stay in Brazil, you would need to show that you have extremely close ties to Germany over a long period of time. It would help if you...

German Law: German nationality question, Wiedereinbürgerung, German citizenship
Wiedereinbürgerung, German citizenship, lost: Hello Alex, unfortunately the relaxed application of the law only applies to former German citizens who have lost German citizenship in 2000 or later and it would require an application within 12 years of having lost the German citizenship: http://m.germany.info/Vertretung/usa/de/05__Dienstleistungen/02__Staatsangehoerigkeit/05__Einbuergerung__StAG/__Einbuergerung__bei__Verlust__nach__1999.html?r...

German Law: Lebenslanges Wohnrecht, Wohnrecht, Grundbuch
Wohnrecht, Grundbuch, lebenslanges Wohnrecht: Unless the Wohnrecht already includes a clause that it will become void upon moving out (in some rare cases I have seen such clauses), the only way to remove it from the Grundbuch is with the consent of your mother in law. Because she has already moved...

German Law: child support
Dear Ammad, If there is a court order about the child support the father normally has to file a claim at the court to reduce the amount if he has a third child. If the father s net income is only up to 1500,00 EUR he has to pay at least 600,00 EUR child...

German Law: German Passport/ Visa
Dear Linda, You can apply for a extension of your visa (Verlaengerung der Aufenthaltserlaubnis, Art. 8 Aufenthaltsgesetz). You should try to publish your book before you apply so that you can proof you have a good reason why you want to say in Germany....

German Law: Interim Injunction with demand for fees, court, costs
court, costs, execute: In Germany (as nearly everywhere in the world except for the US), the unsuccessful party in a law suit has to bear all costs including court fees and the costs of the opponent s representative. In general, court judgments can be executed in cross-border-cases...

German Law: divorce
Dear Heather, Your fiance would need to write a letter in German to the German court and ask them to send him a copy of the divorce papers. I have obtained many divorce decrees for my clients. Please contact me at csb@germanlegalservices.com and I will...

German Law: German labor law - disciplinary pay reduction without prior warning
Why should you offer them an alteration of your contract? Depending on the seriousness of your activities (I assume them a to be a breach of contract) the employer could either declare a termination without notice within two weeks after he discovered the...

German Law: Paternity
Dear Cheli, a german lawyer would need to file a paternity claim at the German court for your husband. I would like to set up a phone consultation with your husband to gather more information. My partner in Germany and I would be glad to organize a paternity...

German Law: Power of Attorney - Germany
Dear Mrs. Hawkins, The power of attorney is only still valid after the death of your friend if it is stated on the power of attorney that the p.o.a. will be still valid after the death of your friend. You can contact me directly at csb@germanlegalservices.com....

German Law: Residence permit in Germany based on sister, Albania, Germany
Albania, Germany, residence: Mirëdita! Usually, only children or spouses can be sponsored to come to Germany. There is a way to sponsor other family members (§ 36 II AufenthG), but only if this is required to avoid an undue hardship. Typical examples are severe sickness which requires...

German Law: Citizenship based on mother, German citizenship, US citizenship
German citizenship, US citizenship, naturalization: Hello Bridget, unfortunately you cannot benefit from your grandmother because your mother broke the chain of German citizenship by giving it up before you were born. Therefore, you were born to two US (only) parents, leaving no room for German citizenship...

German Law: Citizenship of German - Russian, Russia, Russian Empire
Russia, Russian Empire, Soviet Union: The law in place between 1871 and 1913 extended the loss of citizenship to the wives and the minor children (under 21 at that time) of the citizen in question, from what I have been able to find in secondary sources. (I am not in Germany and thus can t easily...

German Law: Erbengemeinschaft
Hallo Erika, nach dem gesetzlichen Erbrecht erben Sie, Ihre Schwester und Ihr Bruder zu gleichen Teilen, wenn Ihre Mutter kein Testament hinterlassen hat, das etwas anderes regelt. Falls Ihre Schwester als Alleinerbin testamentarisch eingesetzt wurde,...

German Law: German citizinship after discontinuation of minimum stay, India, student
India, student, PhD: Hello Naresh, up to five of these six years that you spent in Germany previously can be counted as residence in your citizenship application (§ 12b II StAG). Because the general residency requirement of 8 years can be reduced to 7 or even 6 years, depending...

German Law: Issue of my sister, India, Germany
India, Germany, child support: 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...

German Law: non eu citizen get divorce with a german
Normally the German judge would like you to stay in Germany with the children. But if the father of the children is not playing an active role in the live of the children and your attorney can convince the judge that you are able to provide a better financial...

German Law: Paternal rights and obligations, child support, Denmark
child support, Denmark, Germany: I like it that you provide Happy as your name despite the circumstances. That shows a positive outlook on life. :-) Because I only have limited time to put into answering questions for free, I ll just answer the most urgent ones, also because we don t...

German Law: A question about German naturalization law, Niederlassungserlaubnis, student visa
Niederlassungserlaubnis, student visa, Germany: Your residence permit should list one or more sections of the AufenthG. If you look up these, they will tell you the exact legal nature of your residence permit. You do not need a Niederlassungserlaubnis to be able to apply for naturalization, although...

German Law: Transfer Jurisdiction for Child Support, jurisdiction, child support
jurisdiction, child support, US: If both parties agree, anything is permissible. This is a civil matter and the parties can (in Germany at least) agree on whatever they want as long as the state is not involved in the form of welfare payments. In the US, that would depend on your state law...

German Law: Ancestral visa, South Africa, German ancestry
South Africa, German ancestry, German citizenship: I would need to know the exact family tree (including naturalizations in South Africa or any other country) in order to determine whether you have German citizenship or not. You will find plenty of information about German citizenship via ancestry on my...

German Law: German Citizenship / Passport Records, Vertriebene, Hungary
Vertriebene, Hungary, USA: Hello Stefan, the Standesamt at the town in which your parents lived in Germany should also have a record of their citizenship. The Einwohnermeldeamt/Standesamt would have issued ID cards and/or passports to your parents which would have indicated their...

German Law: German Court Information, Germany, bankruptcy
Germany, bankruptcy, insolvency: There is a search function suchen on the website. You can find there public notices to find out insolvency proceedings, in particular: • the arrangement and cancellation of safeguards by the court, • the dismissal of a bankruptcy petition for lack of...

German Law: German living in the Philippines, Philippines, dual citizenship
Philippines, dual citizenship, Germany: a) You would need to ask an expert on Philippine law where you need to apply for Philippine residence. There are no repercussions on your German citizenship. German citizenship does not expire, regardless of how long you live abroad. b) Again, most of these...

German Law: Marriage laws + freedom of movement in EU, EU freedom of movement, EEA residence card
EU freedom of movement, EEA residence card, Schengen: Yes, it includes ANY EU country EXCEPT Germany. It has nothing to do with Schengen. That means you have 27 beautiful countries to choose from. This includes the UK, but I don t know why someone would want to settle in the UK when you can also live in Croatia...

German Law: US Soldier and German national - possible child, soldier, child
soldier, child, Germany: 1) Usually you can find a private DNA test for around 200 or 300 $. I would think that a return ticket between the US and Germany is more expensive, and that doesn t even consider the problem of having to come up with an excuse for your wife regarding your...

German Law: Unborn child from a German citizen and asylum seeker
Dear Carlos, I am not an Immigration Law expert. Normally you would need to obtain a visa that permits you to get married in Germany from the German Embassy in Columbia. Please contact the German Embassy in Columbia to find out more detailed information....

German Law: Anspruch auf BAföG, BAföG, MBA
BAföG, MBA, study: Hello, because your residence in Germany is based on your marriage, you can apply for BAföG. It is not considered welfare, so it wouldn t harm your future naturalization either. The problem is however that a Master degree is usually not funded by BAföG...

German Law: anspruch auf Bafog
I have translated the following passage from http://www.bafoeg-rechner.de/FAQ/bafoeg-fuer-auslaenderinnen.php Cases in which holding a residence permit alone entitles to BaföG support (residence permits implying a prospect of remaining in Germany, VwV...

German Law: Citizen by birth right?, German citizenship, 1975
German citizenship, 1975, mother: Hello Gary, unfortunately the naturalization would only extend to your minor children. For adult children, it comes to late. Because you would obtain German citizenship by naturalization (instead of receiving it by descent), it would not apply retroactively,...

German Law: citizenship if born in Germany, German citizenship, grandparents
German citizenship, grandparents, parents: No. Before 2000, Germany had no element of ius soli and German citizenship could only be obtained if at least one parent was German at the time of the birth. For more on German citizenship law: https://andreasmoser.wordpress.com/2010/12/29/faq-citizenship-law-in-germany/...

German Law: Freelance translating - postal address, income, move
income, move, German: A mail box in Germany alone does not constitute a residence here. In general, the question of a German citizenship is irrelevant for German income taxation. However, for German naturals who had been subject to German unlimited taxation for at least five year...

German Law: kindergarten wait list, Kindergarten, discrimination
Kindergarten, discrimination, SOFA: Thank you for your kind words, and thank you very much in advance for the book! The registration with the municipality has nothing to do with the persönliche Idenitifikationsnummer , which is more a tax number or an SSN which you take with you even if...

German Law: paternity/child support, DNA, child support
DNA, child support, court: Hello Adam, 1. DNA test If you ever get contacted by a German court about the DNA test, show them that you offered a private DNA test and that the mother refused. In that case, you should not be ordered to pay the more expensive test even if it does...

German Law: Streitwert/Gegenstandswert calculation, divorce, Scheidung
divorce, Scheidung, Streitwert: Hello Ingrida, finally a question which I never answered before. Thank you for that! :-) The relevant date for calculating the amount in controversy is the date of filing (§ 34 FamGKG and § 40 GKG). Good luck for the divorce proceeding! Andreas...

German Law: Working as a translator while travelling, freelancer, tax
freelancer, tax, Germany: Hallo Aaron, wenn Du Dich in Deutschland abgemeldet hast, besteht kein Problem für Dich. Hast Du Dich auch beim Finanzamt abgemeldet? Wenn die beim Einwohnermeldeamt nachfragen, bekommen sie zwar die Abmeldung von dort, aber sicher ist sicher. In Deutschland...

German Law: Divorce of German marriage in US, divorce, jurisdiction
divorce, jurisdiction, naturalization: Hello Kevin, yes, if you have residence in the US, the state in which you live has jurisdiction over your divorce regardless of where in the world you got married. The state court will apply the law of the state you will live in. Because you mentioned...

German Law: German Health Insurance Payments
There is no social security agreement between Germany and the USA. For this reason, the German GKV will not pay for medical treatment in the USA. Your wife should apply at the Krankenkasse for a retroactive dispensation from the obligation to pay social secirity...

German Law: Naturalization Through a German Mother, German language, C1
German language, C1, B1: B1 is the minimum requirement for naturalization for people who live IN Germany. But you would apply under § 14 StAG which is a discretionary naturalization granted to people living OUTSIDE of Germany. In this case, C1 is the standard requirement (see the...

German Law: Wie bekomme ich meine deutsche Staatsbürgerschaft zurück?, Deutschland, deutsche Staatsbürgerschaft
Deutschland, deutsche Staatsbürgerschaft, deutscher Pass: Hallo Ramona, es besteht die Möglichkeit, die deutsche Staatsbürgerschaft trotz Ihres Aufenthalts im Ausland erneut zu beantragen (§ 13 StAG). Dabei handelt es sich jedoch nicht um die Rückübertragung Ihrer verlorenen Staatsbürgerschaft, sondern um eine...

German Law: Client wants fixed address, VAT, tax
VAT, tax, freelancer: My advice - and the way I do it - is to use your current foreign address. Why would you want to use the address of a country where you don t want to be taxed? You are just creating problems for yourself. Why would you use a friend s address? Of course...

German Law: marriage to asylum seeker, asylum, marriage
asylum, marriage, Human Rights Act: Hello Ellie, whoever told your boyfriend that was wrong. As you rightfully point out, marriage is a human right (although the British Human Rights Act does of course not apply in Germany) protected under Art. 6 I of the German constitution. Asylum...

German Law: Tax as a freelancer without fixed postal address, tax, residence
tax, residence, Germany: Hello Aaron, first of all, THANK YOU for your donation! If your situation is still the same as in your last question (German citizen who left Germany for good and maintains no apartment/house in Germany), then you do not have to pay income tax in Germany....

German Law: Unterhaltsvorschussgesetz claim, Jugendamt, UVG
Jugendamt, UVG, Unterhaltsvorschusgesetz: First of all, keep in mind that the Jugendamt cannot force you to pay anything. They are a social welfare body, not a court. I would still recommend to cooperate with them, for otherwise the mother might go to court, but you don t need to be afraid of them,...

German Law: Labour law
The decision to finance a re-training is at the discretion of the official of the Arbeitsagentur who is in charge of your case. You have no general right to be granted the subsidy but to know of the reasons underlying the AA decision in orderv to check if...

German Law: Mothers death
In Germany there is no probate proceeding and administration of the estate by state authorities. It is up to the heirs to administer and distribute the estate among themselves. If no settlement can be reached between the heirs, a co-heir can apply for the...

German Law: how to obtain a resident permit after having a deutsch baby, 28 AufenthG, German baby
28 AufenthG, German baby, German child: As long as you will have at least shared custody of your child and the child remain in Germany, you will be entitled to a residence permit based on that. You do not need to live together with the child s father for that purpose. Andreas Moser www.andreasmoser.wordpress.co...

German Law: Complicated Divorce Question, divorce, Germany
divorce, Germany, US: Hello Rodney, you basically have two options: filing in Germany and filing in the US. Germany has jurisdiction because you live there ad both of you last lived there together. The US (or a particular state) may have jurisdiction, depending on how...

German Law: Paternity/Child Support
1. Paternity doesn t need to be established because they are married. The child is assumed to be his. If he wants to contest paternity, he can of course do this. 2. The mother can choose to pursue child support either in Germany or in the US. 3. I am...

German Law: Question
The German police does not give warnings. They investigate cases and report their findings to the public prosecution office who eventually bring the case to court. Under the rules of conduct it takes at least two pieces of evidences (e.g. credible testimonies)...

German Law: Requirements for German Passport in South Africa, South Africa, German ancestry
South Africa, German ancestry, German citizenship: These are the kind of stories which drive me crazy. Nobody needs your birth certificate at all, whether abridged or unabridged, because your daughter s German citizenship does not derive from you, but from her father. All you would need is your daughter...

German Law: Residency permit as mother of German child, South Africa, German ancestry
South Africa, German ancestry, German citizenship: It depends on how old your daughter is. If she is a minor, you can derive a right to a residence permit in Germany from her, if you have at least shared custody and will live with her in Germany (§ 28 I AufenthG). Your daughter as a German citizen can...

German Law: Visum zur Familienzusammenführung, Familienzusammenführung, Visum
Familienzusammenführung, Visum, Botschaft: Sehr geehrter Herr Just, ein weiteres trauriges Beispiel der nicht gerade ausgeprägten Willkommenskultur unseres Landes. Das kann nur besser werden, hoffe ich. Nach meinen Erfahrungen dauert der Verifikationsprozess tatsächlich mehrere Monate (wobei...

German Law: Allunment in Germany, divorce, annulment
divorce, annulment, Germany: In German law, it s rather complicated to get an annulment, so it doesn t offer any advantage over a divorce. However, I don t see why you would need to invoke international service of process and translation fees. If the wife is in Germany, your boyfriend...

German Law: Divorce Decree from Germany, Regensburg, Amtsgericht
Regensburg, Amtsgericht, family court: If your wife lived in Regensburg the Regensburg Family Court handled the divorce. Contact the Amtsgericht Regensburg with details of you, your ex-wife and your marriage (dates of birth, places of birth, names, place and time of marriage), and they should...

German Law: Jus sanguinis (right of blood) and German nationality., jus sanguinis, ius sanguinis
jus sanguinis, ius sanguinis, Germany: Hello Cynthia, most probably not, for several reasons: - Before 1975, only fathers could pass on German citizenship. If you had female German ancestors who were married to non-Germans, the line stopped there. - Between 1871 and 1913, Germans living...

German Law: how long to be married to German woman to get citizenship?, German citizenship, marriage
German citizenship, marriage, German woman: If you are married to a German citizen, the requirements are as follows: - you need to have been married for at least 2 years, and - you need to have been living legally in Germany for at least 3 years. Once these conditions are met and if you meet all...

German Law: Acquiring German or British Visa Being a foreigner and Married with a British girl, EU regulation 2004/38, visa
EU regulation 2004/38, visa, spouse: Hello Salim, you cannot get a British visa because nobody lives in the UK. Whether you can get a spouse visa depends on your wife s visa status. If she is protected under EU regulation 2004/38 (which is doubtful as she is unemployed, but it depends...

German Law: Is German Inheritance Law enforceable in UK, inheritance, Germany
inheritance, Germany, UK: The easiest way would be to fly to Germany, go to the estate court and sign the declaration there. With current flight ticket prices, this may even be the cheapest option, but that depends on where you live and where the court is located. You might have to...

German Law: Back to Germany, EU, Freizügigkeit
EU, Freizügigkeit, Südafrika: Wenn Ihr Mann Brite ist und einen britischen Reisepass hat, braucht er für Deutschland kein Visum. Innerhalb der EU besteht Reisefreiheit. Als EU-Bürger kann er sogar ohne Probleme nach Deutschland ziehen und dort arbeiten. Mehr dazu: https://andreasmoser.wordpress.com/2014/09/22/freedom-of-movement-eu/...

German Law: questions about “sabbadico/gap year", child support, gap year
child support, gap year, Germany: Hello Lino, a) There is no law on this, so it depends on the specific circumstances. I would say that a gap year is not necessary to search for the right university, because your son could have done that when he was in high school or in the months afterwards....

German Law: Visitation- Other Forms legally binding?, visitation, contact
visitation, contact, daughter: Hello Adam, yes, you absolutely have a right to contact with your daughter. And, just as importantly for discussions with the mother, your daughter has a right to contact with you (§ 1684 I BGB). If contact cannot (yet) be facilitated in person, then...

German Law: Can I apply for a German citizenship after 3 years?
It depends on the assessment of your future prospects at the time of your application. So you would definitely have to wait until the end of the probation period, and after that it depends on the type of contract, job, salary and company. Obviously, an...

German Law: applying for german citizenship while living abroad, naturalization, abroad
naturalization, abroad, Germany: Working for a German company and in particular your strong German language skills are positive factors, but I am afraid that your marriage hasn t been lasting long enough yet. Even for people who live in Germany while being married to a German citizen, the...

German Law: Deutscher Pass fuer in Australien geborenes Kind einer gleichgeschlechtlichen Partnerschaft, Australien, lesbische Partnerschaft
Australien, lesbische Partnerschaft, homosexuelle Partnerschaft: Hallo Anne, danke für die ausführlichen und für mich interessanten Erklärungen! Ich würde empfehlen, mit der Geburtsurkunde Deiner Tochter und Deinem eigenen Nachweis der deutschen Staatsbürgerschaft beim deutschen Konsulat einen deutschen Pass für Deine...

German Law: Duldung marriage german citizen, marriage, visa
marriage, visa, residence permit: You can apply for a residence permit based on § 28 I AufenthG. You do not need to return to Ghana for that purpose because the marriage took place after you last entered Germany. The marriage to a German woman also gives you protection against deportation....

German Law: Gay asylum seeker getting married to straight girl., gay, asylum
gay, asylum, Nigeria: It s not very consistent, but yes, he can get married to his girlfriend. Depending on the citizenship and/or immigration status of the girlfriend, he will then receive a residence permit to remain in Germany. He does not need to continue with the asylum proceeding....

German Law: German citizenship by descent from mother, South Africa, internment
South Africa, internment, POW: Art. 116 II GG does not apply because it refers only to those people who were stripped of their German citizenship by Germany due to racial, religious or political reasons. The purpose of Art. 116 II GG is to reinstate the German citizenship of those persecuted...

German Law: German Citizenship from mother, German citizenship, mother
German citizenship, mother, descent: You are eligible for simplified naturalization, meaning that you can apply for German citizenship without living in Germany and without having to give up your primary citizenship. For details, see no. 8 of these FAQ: https://andreasmoser.wordpress.com/2013/09/26/naturalization-in-germany-from-abroad...

German Law: My mother's German Nationality, German citizenship, mother
German citizenship, mother, descent: Hello Helena, yes, your mother can apply for naturalization under a simplified procedure, meaning that she doesn t need to live in Germany and that she won t be required to give up her primary citizenship. For details, please see no. 8 of my FAQ: https://andreasmoser.wordpress.com/2013/09/26/naturalization-in-germany-from-abroad/...

German Law: subletting a flat
If the whole flat is sublet you would always need his permission. If it is sublet only in part with you also living in it you would still need his permission but you might have a respective claim for permission against the landlord in specific cases. Commercial...

German Law: Acquiring German citizenship - moving to Ireland, EU, freedom of movement
EU, freedom of movement, Europe: 1. For getting a German passport, you only need to apply at the German consulate with your baby s birth certificate, your marriage certificate and some evidence that the father is German. He doesn t need to be there himself, although it would make matters...

German Law: child support, DNA, DNA test
DNA, DNA test, paternity: Before we consider the issue of child support, paternity would need to be established. He has two options: 1) He can ignore the letter. As long as paternity is not legally established, he has no legal obligations. It would be up to the mother to ask...

German Law: German citizenship by descent from mother, AllExperts, donation
AllExperts, donation: Hello Cris, yes, of course you may contact me anytime again! It s probably best if you will then include a link to this thread, so that I will remember what we already spoke about. And thank you very much for the most generous donation through AllExperts!...

German Law: German Citizenship while living abroad, Palestine, Dubai
Palestine, Dubai, UAE: Hello Nabil, you can get a residence permit for Germany only if you and your wife will live IN Germany together (§ 28 I AufenthG). Both of you need to be actually there. Of course you are allowed to leave from time to time, but merely being registered or...

German Law: Interruptions of residence, interruption, stay
interruption, stay, citizenship: Hello Krunal, yes, your previous stay in Germany can be counted towards naturalization, § 12b II StAG. It usually will be counted if you spent these two years in a way that helped you to get integrated in Germany, particularly to learn the language....

German Law: Marry to German national, marriage, wedding
marriage, wedding, consulate: Hello Ali, the German consulate does not perform marriages. You will have to get married according to the procedure of the country that you want to get married at. If everything is done according to Philippine or Thai laws, the German consulate will...

German Law: Study information, asylum, student
asylum, student, university: Yes, you can change your status to student residence permit. What you should do depends on the chances of your asylum application. If you think that it could be successful (in cases of political, ethnic or religious persecution), then you should maintain...

German Law: Is the 8-years residency requirement is full 8-years?, Syria, Saudi Arabia
Syria, Saudi Arabia, Germany: 1) Like you said, Syrians are currently not required to give up their citizenship when applying for German citizenship. So, the question is hypothetical (although nobody knows what the Syrian policy will be in 8 years, of course), which is why I will only...

German Law: Accepting Fatherhood of an Unborn Child, custody, visa
custody, visa, residence: Actually, that information is not quite correct. Paternity of a German child does NOT entitle you to a residence permit in Germany. Only (partial/shared/full) custody over a German child living in Germany does. For that, you need either the mother s...

German Law: child support with other child in Nigeria, child support, Germany
child support, Germany, Nigeria: German law does of course recognize the equality of all children that you are supporting. You only need to present evidence to the Jugendamt that you have a child in Nigeria (a birth certificate, a certificate of paternity or something similar) and to show...

German Law: Can my daughter and I become German citizens?, South Africa, Germany
South Africa, Germany, passport: Hello Sarah, 1) Your daughter already is German because she was born to a German citizen. She can get a German passport anytime. 2) You could only apply for naturalization if you speak fluent German and if your ties to Germany are stronger than your...

German Law: Duldung... marrying swiss citizen in Germany, marriage, wedding
marriage, wedding, Switzerland: Hello Amin, yes, you can get married in Germany. If you have no passport and the Pakistani embassy in Germany won t issue a new one, you would need to provide other documents to prove your identity, like a birth certificate. The registrar might also...

German Law: German citizenship/residence permit having a German Father, brothers, family reunion
brothers, family reunion, siblings: Family reunion in Germany is only possible through parents (if you are a minor) or through a spouse. Siblings are not enough. If your father never officially acknowledged paternity, then a student via for Germany is probably the easiest way. You already...

German Law: Non-EU Countries for Second Non-German Citizenship, dual citizenship, Germany
dual citizenship, Germany, naturalization: Hello Fred, the list of countries which make it impossible/hard to renounce their citizenship is not relevant here. These countries are only relevant for citizens of those countries who wish to obtain naturalization in Germany. In these cases, Germany does...

German Law: How to require a german residence permit with Asylum Seeker?, asylum, Africa
asylum, Africa, Denmark: This mysterious Mr X can apply for a residence permit based on § 28 I AufenthG due to being married to a German citizen. In fact, that s what he should have done in the first place instead of applying for asylum. He doesn t need a lawyer for that, it s...

German Law: Sufficient documentation jus sanguinis?, documents, ius sanguinis
documents, ius sanguinis, grandfather: Probably not quite. It always depends on the consular official dealing with your case, but they will most likely ask for proof of your grandfather s or your father s German citizenship. Do you have any of your grandfather s old passports? If not, you would...

German Law: Asylum seeker from Kosovo marrying German boyfriend, asylum, Kosovo
asylum, Kosovo, Germany: Hello, you basically have three options: 1) You can get married in Germany. You don t need to have a legal immigration status in order to get married, but it usually takes a while because you need to provide documents from Kosovo showing that you are...

German Law: US citizen investigating German ius sanguinis, German citizenship, ancestry
German citizenship, ancestry, grandfather: Hello David, when your great-grandfather was naturalized in 1875, he did indeed lose his German citizenship in the process and was thus unable to pass it on. Apart from that, many Germans living abroad lost German citizenship between 1871 and 1913 when...

German Law: Germany nationality for spouse, German citizenship, naturalization
German citizenship, naturalization, Indian: Without living in Germany, that s very hard. Your wife would need to speak fluent German and show very close ties to Germany, like working for a German company, studying German literature, being otherwise engaged in German affairs. For applicants living...

German Law: Keep US Cititzenship via StAG§12_1_5 and StAG§12_1_4, Medicare, USA
Medicare, USA, Germany: Hello Maxx, regarding § 12 I no. 4 StAG we probably really don t have a case. The issue with § 12 I no. 5 StAG is trickier. I am not sure what the value of 200,000$ refers to. Isn t Medicare a medical insurance, so the value to you will depend on whether...

German Law: Power of Attorney, POA, power of attorney
POA, power of attorney, Canada: Hello Kerstin, theoretically, there are no requirements as to the form and language of a power of attorney (§ 167 II BGB), but in practice it will cause problems and endless questions and requests for your confirmation if the POA is not in German and not...

German Law: U.S. Divorce decree vs. German law, Bafög, child support
Bafög, child support, college: Hello Glenn, in this case, both the US and Germany have competing jurisdiction. Because there is no more US judgement in place at present and because your son resides in Germany, he could indeed bring a lawsuit against you in either country. Under German...

German Law: Child support after move to USA, child support, USA
child support, USA, Germany: You may still have to pay child support, depending on the age of your child, your income, the child s income and the law of the state that the child lives in. But definitely this does not fall under German jurisdiction. If there is still an old German court...

German Law: Citizenship if born to Turkish parents, Turkey, Germany
Turkey, Germany, citizenship: Unfortunately, he is not eligible for German citizenship because Germany did not yet have ius soli in 1985. Back then, one could only obtain German citizenship from at least one German parent or due to naturalization (which he or his parents could/should...

German Law: German Citizenship, India, Germany
India, Germany, Indian: Dear Shruti, residence in Germany is one of the requirements for naturalization in Germany (with a few exceptions, which don t apply here: https://andreasmoser.wordpress.com/2013/09/26/naturalization-in-germany-from-abroad/ ). Once you leave Germany, your...

German Law: German Passport, South Africa, Germany
South Africa, Germany, German citizenship: Hello Heinrich, thank you for your compliment! As your father gave up German citizenship before your birth, he couldn t pass it on to you. So your only chance of obtaining German citizenship would be to apply for naturalization. There is a theoretical...

German Law: Staying in Germany after death of German husband, spouse, marriage
spouse, marriage, death: Dear Jing, I am very sorry to hear about your husband s death. Unfortunately, you would have needed to stay in Germany for three years at least in order to receive a residence permit which is independent of the marriage (§ 31 I nr. 1 AufenthG). You...

German Law: Work Permit (Aufenthalstittel) to Permanent Residence Permit, Pakistan, Germany
Pakistan, Germany, residence permit: Hello Syed, welcome to Germany! The permanent residence is usually granted after five years, but there are exceptions for highly qualified applicants (§ 19 I AufenthG), although this is mostly applied to academics (§ 19 II AufenthG). But even without...

German Law: Citizenship after leaving Germany in 1975
Only 5 years will be counted because that s the maximum allowed by § 12b II StAG. And no, having friends does not overturn the law. We are talking about Germany, a country mostly governed by the rule of law. The problem is that (1) your father didn t...

German Law: Divorce & child custody, Indonesia, child abduction
Indonesia, child abduction, custody: You have to differentiate between the husband-spouse relation and the children-father relation: 1) It s obvious that you should get a divorce. There is no point in continuing the marriage. 2) But your ex-husband will still be the father of your two children....

German Law: German Immigration Law x Constitutional Principles, German citizenship, Brazil
German citizenship, Brazil, discrimination: Hello Eduardo, no, there is no chance. When an injustice is detected, it needs to be rectified. This happened in 1975 in this case (before your birth). But there is no right to have this correction backdated indefinitely, particularly not in citizenship...

German Law: getting marry in Germany, asylum, Pakistan
asylum, Pakistan, Germany: Dear Shahzad, you can get married in Germany while your asylum process is still pending, but you need to use your real name. You will need to provide a passport, a birth certificate and a certificate from Pakistan stating that you are single or widowed...

German Law: Int'l Paternity Germany-USA, birth certificate, paternity
birth certificate, paternity, child support: Dear Adam, 5) I wouldn t sign any acknowledgement of child support without paternity being established. First things first. The mother needs to recognize that without legal establishment of paternity, there won t be child support. (And no alimony, for which...

German Law: ius sanguinis, South Africa, British German Legion
South Africa, British German Legion, ius sanguinis: Hello Phil, because there was no German citizenship until 1871, I would need to know what citizenship your great-great-grandfather had. Then I would need to research the citizenship laws of that state, which obviously goes beyond what I can provide here...

German Law: Do i lose my German citizenship?, German citizenship, Saudi Arabia
German citizenship, Saudi Arabia, divorce: Dear Daisy, don t worry: If your children obtained German citizenship when they were born (which depends on the year of birth), they will never lose it if their parents get divorced or remarried, or if the children themselves get married, divorced or...

German Law: Passports with Sole Custody, sole custody, Germany
sole custody, Germany, USA: Hello Allen, 1) I would find it highly doubtful that anyone adopted your child if you are registered as the father at least somewhere. As long as there is a father, another man cannot step into that legal role without a court proceeding that would take...

German Law: Student Visa, student visa, Germany
student visa, Germany, India: Dear David, I would explain it honestly. Obviously, it will raise some questions, but I don t see any better story than the truth in this case. Also, you left Germany when you lost interest, so that is much better than someone who lost interest in the...

German Law: Deutscher Pass fuer in Australien geborenes Kind einer gleichgeschlechtlichen Partnerschaft
Hallo Anne, aufgrund des Satzes Es wird sich zeigen, ob diese Haltung des BMI in Kürze durch entsprechende Gerichtsentscheidungen überholt wird. würde ich nachfragen/recherchieren, ob derartige Gerichtsverfahren anhängig sind. Die Beurteilung der Erfolgsaussichten...

German Law: Establishing paternity. India & Germany, India, Germany
India, Germany, paternity: Dear Shanti, 1) It s not true that the child will have to decide between German or Indian citizenship later. He will be able to keep both forever. 2) The father can ask for establishment of paternity even if your daughter doesn t agree. It s also the...

German Law: Adoption / Citizenship Question, adoption, German citizenship
adoption, German citizenship, USA: Dear Brianna, the first question is if your mother was ever German in the first place. That depends on whether her parents were married. If her parents were married, your mother did not receive German citizenship because prior to 1975, only German fathers...

German Law: Obligation to provide information about income, child support, Germany
child support, Germany, US: If the German Youth Office has been asked to legally represent your child by your child s representative, then yes. According to § 1605 I BGB: https://dejure.org/gesetze/BGB/1605.html If you fail to comply, you might get sued either in Germany or in...

German Law: Adopted mother in nursing home, support, parents
support, parents, Germany: As fas as I know the German-American Judicial Assistance Convention regulates only child support. However, depending on the legal effects of the adoption, Germany could bill for parental support. However, the retention for someone obligated to parental support...

German Law: divorce in germany, Germany, divorce
Germany, divorce, separation: Dear Grace, he doesn t really need to wait for the 3 years. After being separated for one year, he can file for divorce and only needs to prove that they have been separated (easy if he lives in another country) and that the marriage has failed (§ 1565...

German Law: Documents for ius sanguinis
Dear Tyler, if you already have a case with the Consulate or if you inform the Consulate that they will receive the birth certificate and for what purpose, you may indeed ask the archive in Hamburg to mail or fax it directly to the consulate. In that case,...

German Law: German birth mother but adopted by a British family., adoption, UK
adoption, UK, Britain: Dear Saskia, as your mother was German at the time of your birth, you automatically received German citizenship at birth. It didn t matter that the birth took place in another country, nor that you received other citizenships as well. However, then came...

German Law: German citizenship after Brexit, Brexit, German passport
Brexit, German passport, German mother: Dear Barbara, I share your dismay about the result of the Brexit referendum, but unfortunately in your case there is no direct or easy way to German citizenship. Because your mother was no longer German when you were born, she could not have passed on...

German Law: Paternity Test After Adoption, DNA test, adoption
DNA test, adoption, wedlock: Re 1: Ok, so he is NOT and has ever been the legal father. Without establishing paternity, he has absolutely no legal ties, no rights and no obligations towards the child. Re 4: No. § 1598a BGB does not apply because there is no legal relationship. The...

German Law: UK citizen, after Brexit, Brexit, German passport
Brexit, German passport, German mother: Dear Mark, sorry for my late reply, but as you can imagine I am getting inundated with questions from British citizens after the Brexit referendum. I can see that you have already done considerable research, so I won t start from zero again, but just...

German Law: § 14 StAG financial requirements
Dear Ernst, 1) You provide the handwritten CV with all the other documents. It s a rather old-fashioned requirement, it seems to me, but be that as it may. It should be like the CV when applying for a job, between one and two pages. 2) You need to provide...

German Law: §14 StAG: strong ties and the public interest, 14 StAG, Einbürgerung
14 StAG, Einbürgerung, British citizen: Hello Matt, while you do have considerable ties to Germany, they do not reach the level required for an application according to § 14 StAG to be successful. As this application is granted by discretion, you would need to present an overwhelming case. ...

German Law: Art 116 Par 2/adopted descendants' eligibility, 14 StAG, Einbürgerung
14 StAG, Einbürgerung, British citizen: Dear Jackie, oh dios mio as we say in South America. I did indeed overlook that the provision granting German citizenship through adoption was only introduced in the German Citizenship Act (StAG) in 1977. Hence the cut-off date because the law does not...

German Law: Child Support after 18, child support, 18 years
child support, 18 years, student: Dear Ann, your husband has nothing to worry about. If he has an e-mail or a letter from mother and/or child (she is an adult now and thus no longer legally represented by her mother) about the changed account, that is absolutely sufficient. Nobody could...

German Law: Questions Regarding § 14 StAG, German citizenship, German mother
German citizenship, German mother, C1: Dear Chris, the cases of applicants born to German mothers prior to 1975 are usually granted because the current application of § 14 StAG is in a way a restitution for past discrimination by the German Citizenship Act before 1975. You therefore do not need...

German Law: Is there still an inheritance?
Upon the deathof an individual his successor diectly steps into the shoes of the deceased in regard to his/ her ownership titles andliabilities unless the inheritance has been waived by declaration to the court. For this reason, in Germany there is no procedure...

German Law: German Naturalisation, naturalization from abroad, Germany
naturalization from abroad, Germany, Turkish: Without you and your wife living in Germany you cannot get a residence permit. But you should know that naturalization from abroad is granted in very exceptional and special cases only: https://andreasmoser.wordpress.com/2013/09/26/naturalization-in-germany-from-abroad/...

German Law: Power of Attorney Dissolution, POA, power of attorney
POA, power of attorney, Germany: § 168 BGB [the German Civil Code]: When the POA ceases is based on the underlying contractual relationship. § 672 BGB: The death of the person who granted the POA does not automatically lead to the POA ceasing, unless the POA states so. § 673 BGB: The...

German Law: Renewing permanent residence card?, permanent residence, passport number
permanent residence, passport number, renewal: Dear Camy, your residence permit in Germany normally expires once you leave Germany for more than 6 months (§ 51 I no. 7 AufenthG) or once you leave with the intention to move to another country (§ 51 I no. 6 AufenthG). This also pertains to the permanent...

German Law: Secondment counting towards naturalisation, residence, 8 years
residence, 8 years, consecutive: Dear Matt, the 8 years (which are only 6 years if you speak German at B2 level) do not need to be consecutive. Up to 5 years of a previous stay can be recognised (§ 12b II StAG), so only the last 1-3 years need to be consecutive. However, it would help...

German Law: Secondment to Germany from UK
I cannot tell you if it would turn out to be a win-win scenario for you because I do not know the British system. As you said, under certain conditions EU citizens can stay in the health insurance of their home countries. Nevertheless, even in this case...

German Law: Inheritance
Unless otherwise stipulated in your uncles or his partners will his estate had merged with the estate of his partner after his death. After the death of the partner only his respective blood relatives are called to sucession, not your uncles relatives because...

German Law: "Quellensteuer für Steuerausländer", licencense fee, taxation
licencense fee, taxation, double taxation: German national tax law does not provide any regulations in regard to Quellensteuer . However, the German Korean Double Taxation Agreement stipulates the following in Art 12 concerning license fees. I have only the German version here but you should be able...

German Law: StAngRegG and Citizenship by Descent, German citizenship from mother, dual citizenship
German citizenship from mother, dual citizenship: Dear Adam, that is a rather peculiar case indeed. § 9 I StAngRegG indeed does not refer to the requirement to waive your pre-existing citizenship, as is normally required for naturalization as a German. § 9 II StAngRegG states that there is no entitlement...

German Law: Wiedereinbürgerung, Art. 116 GG, Jewish mother
Art. 116 GG, Jewish mother, mother married: Dear Joanna, besides your mother s marriage, we have another problem: Until 1953, you could only receive German citizenship from your father, bot from your mother. So even if you mother would have remained German, she wouldn t have passed on German citizenship...

German Law: Abandoned, legal retribution, german lawyer
legal retribution, german lawyer, nuernburg: Dear Ronald, I would be glad to calculate what you are obligated to pay for child support and alimony. The payments for your other children have to be subtracted from your net income. I would only file a Hague Convention case if this is in the best interest...

German Law: Age a child can choose which parent to live with, full custody, letters and packages
full custody, letters and packages, german law: Dear Pat, According to German law your son can decide when he turns 16 years old with which parent he wants to live. You would need a visitation decision from the German court to bring your son over to the US once or twice a year four a couple of weeks....

German Law: Alimony/Child Support, alimony child support, alimony payments
alimony child support, alimony payments, dear scott: Dear Scott, The German courts are normally not able to do a Versorgungsausgleich (division of assets) as part of the divorce becauce the army does not give them the necessary information. As a result your ex-wife will not get half for your retirement from...

German Law: Alimony and child support issues, child support amount, pay statements
child support amount, pay statements, german wife: Dear Richard, The child support amount depends on your son s monthly net income. For a four year old he has to pay between 199,00 Euro to 480,00 Euro per months. I would be glad to calculate the correct amount if your son will send me his pay statements....

German Law: Alimony, richard dougherty, german law
richard dougherty, german law, alimony: Dear Richard, Alimony starts after the seperation (it is called Trennungsunterhalt) after the divorce it is called (Ehegattenunterhalt). You can contact me at csb@germanlegalservices.com if you need further help . I charge $70.00 per hour for my services....

German Law: American/German Divorce, state of pennsylvania, living in germany
state of pennsylvania, living in germany, german law: Dear Melissa, I would estimate the costs for the divorce ca. 2000.00 Euro. But the German government will pay the legal fees in his situation. He is only obligated to pay the minimum child support of ca. 200.00 Euro (a little bit more if the children are...

German Law: American kids, custody in Germany, au pair girl, bad mommy
au pair girl, bad mommy, german lawyer: Dear M. Rausch-Kling, if I understood your inquiry right the divorce proceeding is already finished. Although this does not mean an end to the conflict between the former spouses I hope nevertheless that your situation has evolved positively since you...

German Law: American Rights under German Divorce, famliy law, property regime
famliy law, property regime, retirement check: Dear Calvin, according to the German international famliy law the answer of your question about rights and obligations that German courts would give depends on where your wife, your children and you live. If you live in the US and file a divorce suit...

German Law: American Soldier divorcing a German National, divorce proceedings, law of germany
divorce proceedings, law of germany, divorce in california: Andrew: it would likely be easiest to file in Germany. Since you have been deployed in Iraq for the past 2 years this could count as the separation period and thus you could start divorce proceedings immediately. You could talk to a California lawyer to see...

German Law: Americans divorcing in Germany, german lawyer, annulment
german lawyer, annulment, burgess: Dear Kim, I would be glad to file for divorce for you in Germany. It normally takes 3 to 6 months to be final if you don t have children and no assets to split. I have a partner in Germany (Wuerzburg) she would represent you at court. It would cost $1100.00...

German Law: Annulment and or divorcing a German National, german law, annulment
german law, annulment, german court: David: German law seems to apply. It is very hard to get a marriage annulled. Only certain, very grave circumstances allow annulments. In all other cases a divorce will be granted after one year after you separated if both parties want to get a divorce...

German Law: Asset Division under US-DE German divorce, poverty level income, deceased parents
poverty level income, deceased parents, asset division: Dear Randall, You will only receive a part of the inheritance if you are mentioned in the will. You might be obligate to pay alimony if she still goes to school and if you earn more than 1500,00 Euro netto. You can contact me csb@germanlegalservices.com if...

German Law: Assets, german assets, dear madam
german assets, dear madam, minority shareholder: Dear Madam, it is not possible to seize assets neither in Germany nor abroad before the plaintiff initiates and wins a law suit. Without an awarding judgement there would be no enforcement. If your partner looses such law suit his mother would probably...

German Law: absent divorce, dear emily, living in germany
dear emily, living in germany, domicile: Dear Emily, I understand that there are no children involved or that the children live with you. In both cases the court locally competent for your divorce would be the one of your district. Should it not be possible to find the domicile of your spouse...

German Law: american ex stayed in german and dropped out of site to avoid child support, nuremburg germany, child support
nuremburg germany, child support, legal help: Pamela: yes, your ex will have to be registered somewhere in Germany and it should be fairly uncomplicated to find him with the right legal help. I d be happy to help you locate him and reestablish your rights to support. You can e-mail me directly at csb@germanlegalservices.com...

German Law: Biological father's rights in Germany, legal measures, biological father
legal measures, biological father, dear mrs: Dear Constanza Larrucea, according to German law your friend is allowed to see his baby on a regular basis. Normally he would be allowed to spend time with his baby every second weekend. I would be glad to help him to enforce his visitation rights and...

German Law: breach statutory duty, contractual duties, statutory duty
contractual duties, statutory duty, statutory duties: Dear Sir, there are so many regulation in civil, public and in criminal law which stipulate statutory duties and a respective liability for damages in case of breach. This term is often used as an opposite to contractual duties. If you could explain...

German Law: building on to a house, neighborhood communities, german federal state
neighborhood communities, german federal state, dear kelly: Dear Kelly, according to § 903 of the German Civil Code principally any owner of a property can exclude others from its utilisation unless the law or the titles of other persons provide otherwise. For this reason you should review the transfer contracts...

German Law: Canadians separating in Germany, 1 child involved, dual citizenship, german courts
dual citizenship, german courts, living in germany: Dear Serena, You need your husband s permission or a custody decision from the court in order to take your daughter to Canada. You can file for custody (Aufenthaltsbestimmungsrecht) the right to say where your daughter should live, before you file for divorce....

German Law: Child Custody, german citizen, custody decision
german citizen, custody decision, joint custody: Dear Corey, According to German law your friend has joint custody with the father of the child. But she would need to get a custody decision in order to get the right to keep the child in Germany. If the child is older than five and wants to stay her chances...

German Law: Child Custody, full custody, german state
full custody, german state, german court: Dear Brian, I would be glad to organize custody for you at the German court. I have a similar case the father received custody and the children will move to the US soon. You can contact me at csb@germanlegalservices.com or call at 803-254 8153 (but the...

German Law: Child Custody, divorce proceedings, hague convention
divorce proceedings, hague convention, american citizenship: Dear John: It might be possible to initiate divorce proceedings in Germany after you have moved there, but the problem is with taking your daughter with you against your wife s wishes (I assume she would not be for this). Any attempt for you to take her with...

German Law: Child Custody, term perspective, sole custody
term perspective, sole custody, visitation rights: Dear Christian, At the time you got divorced joint custody was rare. I therefore assume that your ex-wife has sole custody for the children while you have visitation rights. It is my guess that she realizes the 15 yr. old wants to move in with you which...

German Law: Child Custody/Child Abduction, national police force, german goverment
national police force, german goverment, resident visas: Dear Priscilla: you can file for divorce either in Canada or in Germany and thus exert your rights as far as custody and support goes. You likely have a strong case for finding him guilty of kidnapping under the Hague Convention laws. Given what you ve told...

German Law: Child Custody, girlfriend lives, visa requirements
girlfriend lives, visa requirements, unwed mother: Dear Mr. Cambianica: the situation, as you have described it, allows her to relocate, as an unwed mother normally has complete legal custody for her child. The father has no right to force her to stay; however, it would be a good idea for the child to see...

German Law: Child custody, mental health issues, german authorities
mental health issues, german authorities, divorce case: Dear Kourosh, it would be easier to obtain custody for your brother during the divorce case. Otherwise We will need to proof that both parents have severe mental health issues if you would like to obtain custody. I have a similar case were I represent...

German Law: Child custody, german courts, sole custody
german courts, sole custody, supervised visitation: Dear Jan, you wold receive sole custody and supervised visitation at the German court if your husband has shown violent behavior in the past. You can contact me at csb@germanlegalservices.com if you need legal representation. Sincerely, C.Burges...

German Law: Child custody in Germany (grandparents rights), grandparents rights, german women
grandparents rights, german women, dear mrs: Dear Angela, if the mother doesn t allow you to see the child you can file for visitation rights at court. The courts normally decide to give the grandparents the right if it is in the best interests of the child. I would be glad to help you arrange...

German Law: Child custody, dicision, sole custody
dicision, sole custody, alcholic: Dear Daniel, your fiance needs to get a custody dicision from the court that allows her to determine her childrens where about. I would be glad to organize the dicision for her for a fee of $45.00 per hour. You can contact me at csb@germanlegalservices.com...

German Law: Child Support, criminal prosecutor, bastardy
criminal prosecutor, bastardy, sexual contacts: Dear Sir, you have two years to rescind your paternity at court as of you knew about the circumstances which make your fatherhood doubtful, e.g. demonstrable sexual contacts of the mother two other men (you will need witnesses), demonstrable local separation...

German Law: Child Support After 18 years old, child support obligation, german citizen
child support obligation, german citizen, education degree: As the kid lives in Germany German support law would apply. A full aged kid may claim support from his parents as long as he/ she goes to school or receives an appropriate job training (Ausbildung) or goes to university. If this is not the case the kid...

German Law: Child Support, german system, aafes
german system, aafes, us military: The amount of child support depends on the needs of the child. Therefore the cost of living and the local standards where the child lives apply. But if they want to know more about the German system I am more than happy to answer their questions. You also...

German Law: Child Support, school part time, support obligation
school part time, support obligation, child benefit: In principal you will have to pay further child support. However, the calculation of the support amount may change significantly due to the fact that as of the date of the child´s maturity both parents will have to pay child support in cash which may reduce...

German Law: Child Support calculation, health savings plan, retirement plans
health savings plan, retirement plans, german courts: Hello Willi, You can deduct the expenses for private retirement plans, you can also deduct the cost for a health savings plan and there is a cost of living table that adjusts your income to the higher living costs in San Francisco. You can contact me at...

German Law: Child Support for child in Germany, overdue child support, german lawyer
overdue child support, german lawyer, u s army: Dear Angie, I would be glad to help you in this matter. I would like to see the letter you received from the German lawyer. Normally they need DNA proof your husband needs to admitt that he is the father in order to collect child support. You can contact...

German Law: Child Support - Germany, family law solicitor, duesseldorfer tabelle
family law solicitor, duesseldorfer tabelle, relocation package: Dear Mr. Cross, It is not very likely that the German lawyer will calculate the child support amounts correctly. You can adjust the income because the costs of living are higher in London. But if you continue to pay the same amount they might file for more...

German Law: Child Support to Germany, child support payments, retirement plans
child support payments, retirement plans, living in germany: Annika, You can deduct the the child support for his son and for his step daughter if he adopted her. I would be glad to calculate the correct amounts. I would take me 2 or three hours. I charge $130.00 per hour. You can contact me at csb@germanlegalservices.com....

German Law: Child Support, dna test, dear paul
dna test, dear paul, german law: Dear Paul, According to German law you are obligated to pay child support if the child is yours. I could organize to file for a DNA-test at the German court for you if you have any doubts. It would cost $620.00 for my fees to prepare the documents, ca. 100,00...

German Law: Child support, jugendamt, payment settlement
jugendamt, payment settlement, son brandon: Dear Justin, The Jugendamt has to take the loans and your payments to your other son in account. I would be glad to calculate what you are obligated to pay and to contact the Jugendamt. You can contact me at csb@germanlegalservices.com. I charge $90.00 per...

German Law: Child support, hambug, german court
hambug, german court, co usa: Dear Laura, I could file for child support for you at the German court if we can find out his address through the Yellow pages. You can contact me at csb@germanlegalservices.com; if you will qualify for financial aid I will only charge $300.00. Sincerely,...

German Law: Child support, us consulate in frankfurt, child support enforcement
us consulate in frankfurt, child support enforcement, german citizen: Dear Daniel, in order to answer your questions regarding child support, we would have to look at the papers. Of course even if you are an US national and did not pay child support, you can be forced to pay it. There are international conventions facilitating...

German Law: Child support, german nationals, army pay
german nationals, army pay, mental cruelty: Dear Andrew, Your situation is complicated. The mother is obligated to pay child support. The decision you have might be still enforceable or you might need to file for a new decision in the UK and then that decision can be enforced in Germany. I would need...

German Law: Child support, Alimony, support alimony, german citizen
support alimony, german citizen, american soldier: Bobby: actually a law was just passed for parents, including parents that are unmarried, that the father is obligated to pay both child support as well as alimony. So yes, you are obligated to pay alimony for the first three years of the child s life while...

German Law: Child support age, mr larson, military guy
mr larson, military guy, s university: Hi Mr. Larson: It depends on your daughter s specific situation. If she is doing an apprenticeship or traineeship she could be earning enough money herself to relieve you of your requirement to pay. This depends, however, on other circumstances such as whether...

German Law: Child support + Fathers Rights, exgirlfriend, fathers rights
exgirlfriend, fathers rights, positive news: Patrizia: Thanks for the questions. Unfortunately your husband is obligated to pay the minimum child support (in this case, EUR247 per month) regardless of whether he gives up his parental rights or not. As to payment of the back support, you could possibly...

German Law: Child support overseas, signs of a troubled marriage, german lawyer
signs of a troubled marriage, german lawyer, american citizen: Dear Jon, I can understand that the situation is not easy for you. But according to German law you are obligated to pay child support. I don t think you have to pay $ 1000.00 a month that seems way to high. I would be glad to calculate the correct amount...

German Law: Child support and Visitation, hague convention, german citizen
hague convention, german citizen, jennifer thanks: Jennifer: Thanks for the question. It does indeed sound like your husband s paying too much. How much he should be paying I would have to calculate myself, based on his net income (after deducting all his costs, including the costs for supporting his new family...

German Law: Child support, minimal visitation, duesseldorfer tabelle
minimal visitation, duesseldorfer tabelle, dual citizenship: Jim: Thank for the question. In order to answer your question fully I would need to see a copy of the Sorgerechtserklärung. Do you have joint custody? However, I can clarify a few general points for you. Since you were never married to your child s mother,...

German Law: Child Visitation/Custody, nasty notes, dual citizenship
nasty notes, dual citizenship, german wife: Dear Chris Burris, You could file for visitation rights at the German court. Even so the mother has full custody you are still allowed to see your daughter at least 12 days a year. After she got to know you better she will be allowed to visit you in the...

German Law: Child Visitation Rights, child visitation rights, german lawyer
child visitation rights, german lawyer, court proceedings: Dear Gary, She doesn t need to keep attending the supervised visitation meetings if your German lawyer sends a report from a psychiatrist to the court and the Jugendamt that those visits have a negative effect on the child s development. Sincerely, C. Burgess...

German Law: Children Inheriting the debt of a parent, statutory period, absent father
statutory period, absent father, legal representation: Dear Gary, I would advise her to get legal representation. She can claim that she was not aware of the situation. Then she might be still able to decline the inheritance. You can contact me at csb@germanlegalservices.com. Sincerely, C.Burges...

German Law: Childrens inheritance rights in germany, inheritance laws, inheritance rights
inheritance laws, inheritance rights, german citizen: Dear Gundula, The will from 1988 will be valid in Germany if it was valid in the US. You and your brother are at least entitled to your father s part of the house they bought over sees. You can contact me at csb@germanlegalservices.com. I charge $90.00...

German Law: Claiming Property in Germany, german lawyer, citzen
german lawyer, citzen, laywer: Dear Leo, I am not able to recommend a German lawyer in Los Angeles. But I would be glad to help you claim the property in Burhave. You can contact me directly at csb@germanlegalservices.com. Sincerely, Carolin Schulz-Burgess ...

German Law: Closing a German Bank Account from the US, german bank account, inheritance tax
german bank account, inheritance tax, german government: Dear Andrea, I am sorry that you have so much trouble with the German bank. Unfortunately that is pretty common. I would be glad to help you in this matter if necessary. But it often takes a couple of months and Germans often don t answer e-mails. Try to...

German Law: Closing a German Bank Acct from the U.S., birth death marriage, marriage certificates
birth death marriage, marriage certificates, german consulate: Monica: your best bet would be to get an Erbschein (certificate of inheritance) either here or in Germany. If your mother died here (which it sounds like she did) then you should file at the German Consulate here. If you need assistance, feel free to contact...

German Law: Cohabitation in Germany, cohabitation agreement, stay at home mom
cohabitation agreement, stay at home mom, mid thirties: Dear Fiona, According to German law you have more rights if you are married. But you have for example the right to get support to raise a child as a stay at home mom for the first 3 years of your child s life even if you are not married. Sincerely, C. Burges...

German Law: Collecting Debt, friend lives, proper evidence
friend lives, proper evidence, debtors: Dear Sir, debts are there to be paid. She also owes you interests. However, I would not recommend you to take legal action if you cannot present proper evidence (a contract, witnesses). Moreover, there is always the risk of the debtor´s insolvency which...

German Law: Confused, joint legal custody, babies name
joint legal custody, babies name, youth welfare: The question about the decision on the babie´s name depends on who the legal custody has. Should the parents be unmarried the mother has the sole custody principally unless both parents declare at the Youth Welfare Service or a German notary that they...

German Law: Custody of Child, german citizenship, custody of child
german citizenship, custody of child, incompatability: Debra: I had thought I had answered this question but apparently my reply never reached you. Sorry for the delay. If your husband were to take your daughter back to Germany he would be in violation of the law. You have and will always have equal rights...

German Law: child custody, army soldier, custody decision
army soldier, custody decision, u s army: Dear Nathaniel, according to German law the mother of your child has sole custody if you didn t yet apply for joint custody. You are still allowed to spend at least six weeks per year with your son in Germany or the US. In order to bring him permanantly...

German Law: child custody, getting out of the army, full custody
getting out of the army, full custody, joint custody: Dear Robert, According to German law you are allowed to visit your daughter at least for 12 days per year. You have this right also if her mother has full custody. You have to go to Germany to visit her until she turns 8 years old. Afterwards she is allowed...

German Law: child custody, international child abduction, hague convention on the civil aspects
international child abduction, hague convention on the civil aspects, birthcertificate: Dear Simone, as I am not an expert on the U.S. family law I can only tell you that the USA has signed the Hague Convention on the Civil Aspects of International Child Abduction. You can seek for legal aid at the American courts in the event that the baby...

German Law: child custody-American/German contract, dual citizenship, custody rights
dual citizenship, custody rights, joint custody: Heidi: unfortunately it is more or less impossible to have a father sign off his custody rights with a simple contract. If he ever changes his mind he would still be entitled to joint custody under international law. I would suggest your sister not return...

German Law: child custody in Germany, 50th wedding anniversary, german wife
50th wedding anniversary, german wife, american contractor: Dear Steve, thanks for the question. Because you were issued joint custody for your seven year old son I think your chances are pretty good for getting the courts to allow you to have your son visit you in the US once a year. Indeed, you will need a lawyer...

German Law: child custody for german kids in us, ft hood tx, full custody
ft hood tx, full custody, joint custody: Dear Sherell & Cecil, First I would like to obtain the court documents from your ex-wife. If you can provide me with her contact information then I will get in touch with her as your legal representative. I would also like to speak to your former lawyer....

German Law: child custody --hague convention, e mail address, contesting divorce
e mail address, contesting divorce, ramstein ab: Dear William, I would be glad to help your daughter. I charge $150.00 per hour for my services. You need to contact me directly at csb@germanlegalservices.com. Otherwise I don t receive your e-mail address. I normally charge 3 hours in advance to review...

German Law: child custody in stuttgart I really need help, army installation, lump sums
army installation, lump sums, germany government: Dear Mr de la Cerda: I am very troubled to hear about your situation. Your next move should be to provide the courts with a mailing address. Then I d suggest hiring a lawyer. I d be happy to help you assert your rights here and to navigate the maze of German...

German Law: child custody, german women, german law
german women, german law, decission: Dear Jeff, according to German law the mother is not allowed to keep the children without your permission in Germany. She needs to get a custody decission . But it would be most likely that the court in Germany would rule in her favor. But you could...

German Law: child paternity, portuguese nationality, double nationality
portuguese nationality, double nationality, german nationality: The child will only have a double nationality if you declare the acceptance of the fatherhood. If you do not, the father will be deemed unknown and thus it will have the German nationality only. Should you accept the fatherhood the child will also have...

German Law: child support, child support payments, german govt
child support payments, german govt, german courts: Dear John, You don t owe your ex-wife or the German government child support payments if the children live with you. Your ex-wife is normally only able to get money for the children from the German government if they live with her in Germany. Sincerely,...

German Law: child support, university details, special circumstances
university details, special circumstances, child support: Raymond: If the child is 18 years of age and able to support him- or herself the obligation to pay child support ends. If the child does some kind of training that will enable him or her to become self-supporting (Berufsausbildung or University) support will...

German Law: child support, german law, foster care
german law, foster care, child support: Brian, according to German law you are obligated to pay child support if there is DNA proof that you are the father or if you admitted it. You can contact me at csb@germanlegalservices.com for further help. I charge $90.00 per hour for my services. ...

German Law: child support, divorce decree, daughter lives
divorce decree, daughter lives, california courts: Billy: if your daughter lives in the US then you are no longer obligated to pay (though I m not familiar enough with California law to say 100% for sure). If she lives in Germany, however, you must continue to pay for her if she decides to pursue her education...

German Law: child support, german authorities, daughter lives
german authorities, daughter lives, visitation rights: Bert: the best thing to do in order to enforce your visitation rights is to hire a lawyer who can help you by contacting the other side and the appropriate German authorities. I would be happy to help here. I would first contact Youth Services (Jugendamt)...

German Law: child support, walter tigers, german federal agency
walter tigers, german federal agency, contract income: You did not tell where the children live exactly, but for residents of 47 US-states and 11 provinces in Canada it is possible to file an application to the German Federal Agency of Justice (Bundesamt für Justiz) and ask for unbureaucratic assistance in enforcing...

German Law: child support, german citizen, sending money
german citizen, sending money, child support: Melanie: I m sorry to hear about your problems. Where to you have a divorce decision from? This will help determine where the law can be enforced and who a lawyer should contact in order to help you enforce your rights. I d be happy to help you further in...

German Law: child support, pay statements, born mother
pay statements, born mother, plane ticket: Dear Derek, I would be glad to recalculate what you are obligated to pay for child support after you had two other children. You would need to send me your last two pay statements and your tax form for the last year. You don t have the right to pick your...

German Law: child support, child support payments, german husband
child support payments, german husband, duesseldorfer tabelle: Laura, He might not be able to see his children so often if he moves to the US and the children are still under 8 years old. They are not allowed to visit him in the US alone beforehand. Kindergeld will not be subtracted in the child support calculation...

German Law: child support, welfare system, german documents
welfare system, german documents, military guy: Dear Susan, The child support has to be calculated according to German law and can only be enforced in the US. The US authorities don t have jurisdiction because the child lives in Germany. If necessary you can provide them with proof that you paid all those...

German Law: child support agreement us/ Germany, dna test, new years party
dna test, new years party, american man: Dear Melle, the father is obligated to take a dna test and to pay child support . I would be glad to help you further but we would need to have his current address. You can contact me directly at csb@germanlegalservices.com. Sincerely, Carolin Schulz-Burgess...

German Law: child support american working for a foreign country, houston texas usa, human resources department
houston texas usa, human resources department, check stubs: Amanda: I m sorry that you found my previous answer too vague. The agreement regarding international child support was published on May 19, 2000, by the Department of State in the form of a Public Notice in the Federal Register (Vol. 65, Number 98, Page 31953)....

German Law: child support and citizienship, child support obligation, child support obligations
child support obligation, child support obligations, german nationalist: Clint: You are entitled to see your son for an absolute minimum of 12 days per year, so you are definitely not receiving what is rightfully yours. Usually, in fact, the German courts will permit you to see your child more than just 12 days, but you ll need...

German Law: child support from a german father, german father, german man
german father, german man, joint custody: Dear Irina You have custody of your child as long as you don t sign a paper that gives the father joint custody. That means you can travel and move with the child. The father is definitely obligated to pay a minimum of 202.00 Euro per month child support...