General information about maintenance claims in cross-border cases

If the person entitled to maintenance is in Austria and the person obliged to pay maintenance is abroad, the maintenance claims can be asserted by submitting an application to the competent district court. The application can be used to request both the establishment and enforcement of maintenance claims.

The competent court is the district court in whose area of jurisdiction the person entitled to maintenance is habitually residentGerman text.

In principle, maintenance claims can be asserted against persons obliged to pay maintenance under this procedure in all EU Member States and also in some other States under international agreements (e.g. United States of America, Australia).

Advice

If two or more EU Member States are involved, it is not always the law of the State in which maintenance is sought that applies to maintenance matters. Further information on asserting claims for maintenance in Austria (and other EU Member States) can be found (also in English) on the European e-Justice Portal.

Further links

Maintenance in Austria (→ European e-Justice Portal)

Legal basis

Auslandsunterhaltsgesetz 2014 (AUG 2014)

Translated by the European Commission
Last update: 25 January 2021

Responsible for the content: Federal Ministry of Justice