General information about maintenance claims in cross-border cases

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

The competent court is the district court in whose judicial district the person entitled to maintenance has their habitual residence.

In principle, maintenance claims can be asserted under this procedure against persons liable for maintenance in all EU Member States, as well as in certain other countries under international agreements (for example United States of America, Australia).

Where two or more EU Member States are involved, the law applicable to maintenance matters is not always that of the state in which the claim is filed. Further information on asserting maintenance claims in Austria or other EU Member States – also available in English – can be found on the European e-Justice Portal.

Further links

Maintenance in Austria (→ European e-Justice Portal)

Legal basis

Auslandsunterhaltsgesetz 2014 (AUG 2014)