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Regulation on the introduction of a simplified procedure for the maintenance of minor children

Original Language Title: Verordnung zur Einführung von Vordrucken für das vereinfachte Verfahren über den Unterhalt minderjähriger Kinder

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Regulation on the introduction of forms for the simplified procedure on the maintenance of minor children (Child-Child-Form Regulation-KindUFV)

Unofficial table of contents

Child UFV

Date of completion: 19.06.1998

Full quote:

" Kindesunterhalt-Formverordnung vom 19. Juni 1998 (BGBl. 1364), as last amended by Article 1 of the Regulation of 17 July 2009 (BGBl I). I p. 2134 (3557))

Status: Last amended by Art. 1 V v. 17.7.2009 I 2134 (3557)

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 24.  6.1998 + + +) 

The V was prescribed by the Federal Ministry of Justice with the consent of the Federal Council as Article 1 of the Regulation on the introduction and amendment of forms for judicial proceedings v. 19.6.1998 I 1364 by the Federal Ministry of Justice. She's gem. Art. 3 of V mWv 24.6.1998 entered into force.
Short overs. Legal abbreviation: IdF d. Art. 1 No. 1 V v. 28.12.2007 I 3283 mWv 1.1.2008 Unofficial table of contents

§ 1 Forms

(1) The simplified procedure for determining the maintenance of an underage child shall be used:
1.
the form specified in Appendix 1 for the application for the determination of the maintenance pursuant to § § 249, 250 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction and the provisions of this Annex Leaflet,
2.
the form set out in Appendix 2 for the collection of objections to the fixing of the subsistence in accordance with Section 252 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction.
(2) Paragraph 1 (1) shall not apply to the extent to which maintenance
1.
for periods for which the child provides assistance in accordance with the Twelfth Book of the Social Code, Social Money in accordance with the Second Book of the Social Code, assistance for education or inclusion assistance in accordance with the Eighth Book Social Code, benefits after the the law of maintenance or maintenance pursuant to § 1607 (2) or (3) of the Civil Code, from the institution of social assistance, social money, public youth assistance, the country or the third party from overdue law, or
2.
pursuant to § 94 (4) sentence 2 of the Twelfth Book of the Social Code, § 33 (1) sentence 2 and the second sentence of paragraph 3 of the Second Book of the Social Code, or in accordance with Section 7 (4) sentence 1 of the Maintenance Advance Act
is required. Unofficial table of contents

§ 2 Execution of forms

(1) The form in Annex 1 for the application for the fixing of maintenance shall be carried out as a copy of the required number of units, in particular the copy of the application required for delivery by means of a Form of the Notice of the Court of First Instance in accordance with Article 251 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (2) The form specified in Appendix 2 must be executed as a form-set consisting of three the form is the same as the form. The first piece is to be marked with the inscription "First copy for the court", the second with the inscription "Abschrift für claimer/in" and the third with the inscription "Abschrift für claimgegner/in". (3) The forms can, as far as they are the persons or bodies referred to in § 174 (1) of the Code of Civil Procedure shall be used, also filled out with the help of an electronic file, and printed out. The manufacturer of the file is to be recognized on the print and in a short description the site of the form is to be specified in the Federal Law Gazans. Unofficial table of contents

§ 3 Permissible Deviations

The following deviations from the forms specified in Appendixes 1 and 2 are permitted:
1.
Corrections based on a change of legislation;
2.
Adaptations, modifications or additions which, without changing the content of the forms or making it difficult to understand the forms, allow the courts to machine the procedures by machine, for the processing of technical developments to make use of or to continue to use existing technical facilities;
3.
Reduction or extension of the necessary filling fields for cases in which maintenance is claimed for fewer or more children or for other reasons filling fields are necessary for further information.
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§ 4 Transitional provision

(1) Where reference is made to the standard amounts for a period prior to 1 July 1998 in accordance with the forms specified in Appendix 1 and 2 for the description of the amount of the maintenance, the reference refers to the rule requirement in accordance with § 1 of the last subparagraph. Article 21 of the Law of 16 December 1997 (BGBl. I p. 2998), as amended by the Regulation of 27 June 1970 (BGBl. 1010), the Regulation fixing the regulatory requirements in the area referred to in Article 3 of the agreement of 25 September 1995 (BGBl). 1190) and the legal regulations adopted pursuant to Article 234 (9) of the Act of introduction to the Civil Code. (2) Subject to the request for maintenance under the simplified procedure, maintenance amounts which are to be paid before the Whereas the entry into force of an amendment to this Regulation has become due, the forms valid up to that date may also be used for these procedures; Unofficial table of contents

Appendix 1

(Fundstelle: BGBl. I 2009, 3558-3565)

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Appendix 2

(Fundstelle: BGBl. I 2009, 3566-3577)

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