A child is entitled to maintenance regardless of the country in which the parents or the child live. In cross-border cases, however, the decisive factors are which law is applied, which court has jurisdiction and how maintenance can actually be enforced.
In practice in particular, it has been shown that a (renewed) court decision in Austria is often more favorable for the child compared to many foreign legal systems. Austrian maintenance law offers clear calculation standards, allows for flexible adjustment to changed circumstances and provides for effective enforcement mechanisms, whereas maintenance claims abroad are often lower, more difficult to adjust or in fact only enforceable to a limited extent.
We will check for you whether and how maintenance proceedings can be conducted or re-initiated in Austria, even if one parent or the child lives abroad - with the aim of achieving a legally sound and economically sensible solution in the interests of your child.
The Nagler Law Firm will be happy to advise you personally and comprehensively on all legal issues. Our aim is not only to provide legally correct advice, but above all to do so in an understandable, forward-looking and solution-oriented manner. Every legal situation is individual - which is why we take the time to understand your concerns in detail and develop a tailor-made strategy together with you.
Children are entitled to maintenance from the parent who is not the main carer. The amount depends, among other things, on:
The maintenance claim exists regardless of the
Marital status of parents.
Additional legal questions arise in the case of an international reference:
Special international regulations apply here, which require careful legal examination.
In practice, it often turns out that a decision in Austria is more favorable for the child than in many foreign legal systems.
Advantages at a glance:
Our goal: A legally sound and economically sensible solution for your child's future.
Depending on the case, different sets of rules are applied, for example:
Which regulation is decisive in the individual case depends on several factors and should be examined individually.
The maintenance claim is governed by the law of the country in which the child has its habitual residence.
Children have a legal right to maintenance from the parent who does not predominantly care for them. This applies regardless of the parents' marital status.
Calculation factors:
Maintenance claims can also be asserted if the parent liable for maintenance lives abroad. Possible options include
We take care of coordination with foreign authorities and courts for you.
Bei unterschiedlichem Preis- und Einkommensniveau zwischen Aufenthaltsland des Kindes und des Unterhaltspflichtigen wird ein sogenannter „Mischunterhalt“ festgesetzt:
Die Berechnung des Mischunterhalts ist eine Ermessensentscheidung ohne starres Berechnungssystem .
We support you in enforcing claims even if the debtor lives abroad.
Our services:
International maintenance cases are legally complex. Errors in jurisdiction or the applicable law can lead to maintenance claims being not enforced or only enforced with a delay can be used.
We examine your situation, clarify jurisdiction and law and enforce your claims. Consistent and efficient through.
Expertise: In-depth knowledge of international regulations.
Multilingualism: Smooth communication with international offices.
Consequence: We enforce your claims efficiently.
The Nagler Law Firm has many years of experience in various legal areas and offers its clients sound legal advice and committed representation.
German, English, Turkish, Russian and Ukrainian: For smooth communication with clients from different language areas.
We place great value on personal and local support, enabling us to develop customized solutions that are optimally tailored to the individual needs of our clients.
Family law, inheritance law, real estate law, corporate law and litigation: We combine broad specialist knowledge with practical experience in key legal areas.
Child maintenance does not end at the border. Whether your child lives in Vienna or abroad, whether the parent liable for maintenance works in Austria or abroad - the entitlement to financial support remains the same. In international constellations, however, things quickly become complex: responsibilities, applicable law and the question of how claims can actually be enforced.
We clarify quickly, which court has jurisdiction and Which law applies - because wrong decisions often lead to delays. A procedure in Austria is often economically advantageous: comprehensible calculation, clear standards and effective mechanisms for securing payments.
Particularly important is the Mixed maintenanceif the child and the debtor live in countries with different price levels. The maintenance must match the local purchasing power, while at the same time the child should share appropriately in the standard of living of the parent liable to pay. We work out a fair, reliable solution for this - and enforce it consistently, even across borders.
Nagler law firm - internationally experienced. multilingual. consistent.
Reliability, experience and humanity – this is what our team stands for, and we are fully committed to protecting your legal interests.
