“I have the right” in Germany: Kindergeld and the temporary absence of the child in the country of residence

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─ Hello, editorial staff! Thank you for helping compatriots.

At the end of February this year, my wife, together with her daughter and son, left for Uzbekistan for a month to visit their grandparents. Due to the outbreak of the coronavirus pandemic, flights from Uzbekistan were canceled, and they could not fly back. We returned in August. I work in Germany and have a residence permit. I pay all taxes, as expected.

Since the child was registered with us in Cologne, we continued to receive child support all this time, although the child was not in Germany for good reasons. Now they told me that I must return the money. After all, the child was not in Germany.

I was advised to go to the family fund (Familienkasse) and resolve this issue before they themselves came to me and imposed a fine. Am I reported and really get the money back? The child was supposed to return, but could not because of unforeseen circumstances.

Timur T., Cologne.

─ Dear Timur!

The temporary absence of a child in the country does not lead to the termination of the right to receive a monthly payment for children (Kindergeld). Of course, you do not need to contact the family treasury on this matter yourself. However, if the procedure for clarifying the circumstances and depriving Kindergeld begins (the decision will not follow immediately, first, according to the law, officials must listen to your position), you need to take this very seriously, since it can be a lot of money, and contact a lawyer for the purpose of conducting the process.

Maxim BRITANOV, attorney.

Fachanwalt für Familienrecht, Fachanwalt für Migrationsrecht,

Lawyer the Bureau Factory rights

Britanow & Dr. Hirsch

Tel .: +49 (0) 69 26 49 22420


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