Jurisdictional Competence and Applicable Law
Under the EU Maintenance Regulation, jurisdiction is generally determined by the habitual residence of the person entitled to maintenance. This often means that a German court may have the authority to decide a case even if the person liable for maintenance lives abroad.
DR. SCHMIDT LEGAL assists you in clarifying international jurisdiction and determining the applicable law in accordance with the Hague Maintenance Protocol. Early verification prevents claims from failing due to formal errors or an incorrect choice of law.
Calculation Considering International Factors
When there is an international element, simply applying the "Düsseldorfer Tabelle" (the standard German schedule for maintenance) is often insufficient. Differences in purchasing power (consumer price indices) and the specific tax regulations of the respective country must be taken into account.
Through thorough research, the data relevant to the calculation is identified. The objective is to establish a realistic maintenance level that reflects both the needs of the beneficiary and the actual financial capacity of the person liable abroad.
Enforcement of Maintenance Claims Abroad
A German maintenance order is of little use if it cannot be enforced abroad. In legal terms, a strict distinction must be made between EU member states and so-called third countries:
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Within the EU: The EU Maintenance Regulation allows for simplified recognition and enforcement. In most cases, a lengthy exequatur procedure (declaration of enforceability) is no longer required; German orders are often treated directly as domestic orders.
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Third Countries (e.g., USA, Turkey, UK, Switzerland): Outside the EU, enforcement is governed by bilateral agreements or the 2007 Hague Maintenance Convention. Here, the procedure is often more formal and requires recognition by the local authorities of the target state.
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In both scenarios, DR. SCHMIDT LEGAL acts as your central point of contact. I provide support in preparing the necessary forms and documentation. Where required, I coordinate collaboration with the Federal Office of Justice (Bundesamt für Justiz—the Central Authority for international maintenance matters) or establish contact with specialised local correspondent lawyers to legally secure access to the debtor's income or assets abroad.
Important Note on International Consultancy
DR. SCHMIDT LEGAL advises on German maintenance law as well as European regulations and international conventions. Binding legal advice on the substantive maintenance law of foreign states (e.g., local maintenance tables) is not provided. In such cases, I coordinate the procurement of local information to create a precise basis for calculation.