Notes on completion
How to use the bilingual forms (Notes on completion and recommendations)
- The forms are adjusted in line with US application requirements.
- All information should be completed in full and answered in the negative where appropriate, such as by stating “not available” or “unknown”.
- Translation requirement:
The German and English text of the form should be completed in full.
Any changes to the text and to any information also need to be translated into English.
- Substantiating the claim:
If there is no domestic maintenance claim, either the monthly maintenance amount and any arrears must be indicated, or the claim amount must be indicated which can be demanded for a limited period in case of effectively transferred maintenance claims in accordance with the provisions of Book II, VIII or XII of the German Social Code (Sozialgesetzbuch), of the Advance Maintenance Act (Unterhaltsvorschussgesetz) or of the Federal Act on the Individual Promotion of Education (Bundesgesetz über die individuelle Förderung der Ausbildung – BAföG). Only compensation for assistance that has already been provided may be demanded in such cases.
If there is a court maintenance decision (legally-valid judgment, settlement, order, maintenance obligation certified by a senior judicial officer [Rechtspfleger]), registration of the precisely-designated order must be requested. Furthermore, the monthly recurring maintenance that is in arrears must be indicated, stating specified periods (it is not sufficient to indicate only by percentages).
- Need to convert the amount: Monetary demands should be made in the currency of the reciprocity state in order to accelerate and simplify the procedure.
The exchange rate used as a basis for the conversion of the amount from DM/Euro to US Dollars must be noted in the forms as a footnote.
Names of months should always be written out because the US format (MM/DD/YY) is different from the German format (DD/MM/YY).
The certifications regarding the affidavits that have been sworn can be issued by a judge or senior judicial offer of the Local Court (Amtsgericht).
- Annex "Declaration of payment arrears":
A specified arrears calculation on a monthly calculation basis should be carried out on the basis of the available debt instrument(s).
- Annex "Declaration of funds and needs": The financial standing of the parent with custody should be stated (in each case full amounts/no percentage division among the child(ren) entitled to maintenance).
Four identical sets of copies containing all German and English documents should be forwarded to the Central Authority in the form required by law, via the Local Court.