An application seeking to assert a maintenance claim in a cross-border case can be lodged with the competent district court in writing or orally for the record.
The competent court is the district court in whose area of jurisdiction the person entitled to maintenance is habitually resident.
Where the use of a standard form is prescribed for the submission of the application, that form must be used.
The application must contain at least the following details:
- a statement regarding the type of application;
- the name and contact details of the applicant, including his or her address and date of birth;
- the name and, if known, the address and date of birth of the defendant;
- the name and date of birth of every person for whom maintenance is sought;
- the grounds on which the application is based; and
- details of the account to which the maintenance payments are to be made.
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.
section 7 of the Auslandsunterhaltsgesetz 2014 (AUG 2014)
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