Maintenance obligation; public notarization

The person obliged to pay maintenance can confirm the content of the maintenance obligation towards a descendant by means of a unilateral declaration of intent. The formalized acknowledgement of the maintenance obligation strengthens the legal position of the child entitled to maintenance in maintenance proceedings.

In addition, the declaration of obligation in its notarized form has another important meaning: If the declaration also includes a figure for the maintenance (as a fixed amount or dynamized as a percentage of the respective statutory minimum maintenance), it can be expanded into a maintenance title by subjecting the maintenance debtor to immediate enforcement. This may make it possible to avoid maintenance proceedings before the local court - family court.

The notary public at any youth welfare office in Germany is responsible for the public notarization of the obligation to pay maintenance claims of a descendant. The competence of notaries, other notaries or other authorities for public notarizations remains unaffected by this.

A person with limited legal capacity cannot assume a maintenance obligation on their own legal responsibility. To do so, they require the consent of their legal representative.

When carrying out the public notarization, the notary does not check whether the maintenance granted by the person willing to assume the obligation is appropriate.

Notarizations by the notary of the Youth Welfare Office are free of charge.