Case Study 3 – Family law – Maintenance – Germany

Germany

In this case study on family law (maintenance), Member States were asked to advise the suing party on litigation costs in the following situations: Case A – National situation: a couple have lived together unmarried for a number of years. They have a 3-year-old child at the time they separate. The court grants custody of the child to the mother. The only point of disagreement concerns the amount to be paid by the father to the mother for the child’s maintenance and upbringing. The mother sues with respect to this. Case B – Cross-border situation where you are a lawyer in Member State A: a couple have lived together unmarried in Member State B for a number of years. They have a 3-year-old child at the time they separate. A court in Member State B grants custody of the child to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they take up their residence. The only point of disagreement concerns the amount to be paid by the father to the mother for the child’s maintenance and upbringing. The mother sues with respect to this in Member State A.

Costs in Germany

Costs of proceedings at first instance or appeal

Case study	Proceedings at first instance	Appeal
	Initial court fees	Initial court fees
Case A	Depends on amount of maintenance claimed	Depends on amount of maintenance claimed
Case B	Depends on amount of maintenance claimed	Depends on amount of maintenance claimed

Lawyer, bailiff and expert fees

Case study	Lawyer		Bailiff		Expert
	Is there a requirement for legal representation?	Average costs	Is there a requirement for a bailiff to be involved?	Costs following judgment	Is there a requirement to call an expert?	Costs
Case A	Yes	Depends on amount of maintenance claimed	No	Depends on type of enforcement measure	At the court’s discretion	Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 100, plus expenses and VAT
Case B	Yes	Depends on amount of maintenance claimed	No	Depends on type of enforcement measure	At the court’s discretion	Based on hourly rates. Levels vary according to area of activity, but the maximum rate is EUR 100, plus expenses and VAT

Cost of covering witnesses’ expenses

Case study	Witnesses’ expenses
	Are witnesses entitled to reimbursement of their expenses?	Costs
Case A	Yes	Up to EUR 17 per hour for earnings lost plus travel and other expenses
Case B	Yes	Up to EUR 17 per hour for earnings lost plus travel and other expenses

Costs of legal aid and reimbursement of other expenses

Case study	Legal aid	Reimbursement
	What are the conditions?	Can the prevailing party request the award of litigation costs?	Are there instances where legal aid must be paid back?
Case A	Depending on income and assets	Yes	If the person’s income and financial situation improve and in the case of payment by instalments.
Case B	Depending on income and assets	Yes	If the person’s income and financial situation improve and in the case of payment by instalments.

Translation and interpretation costs

Case study	Translation		Interpretation		Are there other costs relating to cross-border disputes?
	When and on what conditions is translation required?	Approximate cost	When and on what conditions is interpretation required?	Approximate cost	Description
Case A
Case B	At the court’s discretion	Generally EUR 1.55 per 55 characters, plus expenses and VAT	At the court’s discretion	EUR 70 per hour, plus expenses and VAT	Costs of serving documents abroad

Last update: 07/04/2023