Types of application
Types of application available to persons entitled to maintenance
Persons entitled to maintenance have the following types of application available to them:
Acknowledgement of a maintenance obligation
If a decision on maintenance obliging someone to pay maintenance has already been issued in Austria, it is possible to apply for the acknowledgement of the decision abroad, specifically in the State in which the person obliged to pay maintenance resides (e.g. a parent). A declaration of compulsory execution (declaration of enforceability) of that decision can be applied for simultaneously with the application for acknowledgement of the decision.
Enforcement of a decision
If a decision on maintenance has already been issued abroad, it is possible to apply in Austria for that foreign decision to be enforced abroad. The application for enforcement of the decision seeks the payment of the amount of maintenance awarded.
Other types of application available
- It is possible to request that a decision on maintenance be issued abroad. The prerequisite for this is either that a decision on maintenance has not been issued yet or an existing decision on maintenance is not acknowledged. Within the scope of this application, it is also possible to apply to have the parentage of a person established. However, this is only possible if the establishment of parentage is required for the decision on maintenance.
- It is possible to apply for the amendment of a decision issued abroad.
Types of application available to persons obliged to pay maintenance
Persons obliged to pay maintenance have the following types of application available to them:
The acknowledgement of a decision which has the effect of suspending or limiting the enforcement of an earlier judgment abroad.
The amendment of a decision issued abroad.
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.
Responsible for the content: Federal Ministry of Justice