Child support: maintenance for children with Sche >
Children mean responsibility. Anyone who puts a child into the world has to entertain them, i.e. pay child support. The law sets a number of regulations on parents’ maintenance obligations towards their children.
To anticipate: Child maintenance law is a difficult subject. Given the diversity of everyday life and the legal situation, the layperson will hardly be able to check and calculate child support without legal advice. Still it is helpful, the basics to know. Because:
- If you know the basics, you can at least make an approximate maintenance calculation.
- He can roughly check whether a maintenance request is even considered in the approach, whether it is within the scope or overshoots the target.
- He can prepare for a consultation with a legal advisor, can argue in the conversation himself and better understand the lecture of the advisor.
- If you know that you are right or wrong, it is easier to decide whether you want to deal with a legal dispute or better negotiate an amicable settlement.
- Request a free information package
The most important
- Relatives in a straight line (blood relatives) are mutually dependent (§ 1601 BGB). In maintenance law, the premises are that the party entitled to maintenance needy is and the maintenance party powerful is (§ 1602 BGB). These premises are regularly assumed for underage children.
- As long as the parents together in one common household live, they are equally obliged to support the child.
- After separation the child can demand maintenance in cash from the parent with whom he does not live in a household (Section 1612a BGB). The parent with whom the child lives and lives fulfills his maintenance obligation through care, care and catering. Care and cash maintenance are considered equivalent.
- If the parents alternate equally in the care and upbringing of the child, they have to pay for the child’s cash maintenance proportionately (BGH FamRZ 2006, 1017).
- The parent subject to maintenance is entitled to a necessary deductible to secure their own livelihood. This amounts to EUR 1,080 / month for employed persons and EUR 880 / month for inactive persons. The deductible for children of legal age is EUR 1,300.
- The maintenance obligation lasts as long as the child is unable to support itself, i.e. it is in need.
- Child support is in the law as Minimum Maintenance Are defined. The minimum amount of maintenance is the amount that the dependent parent has to pay. From January 1, 2016 the minimum maintenance is based directly on the child’s subsistence level (§ 1612a BGB).
Table of Contents
Principles of Child Maintenance Rights
- Relatives in a straight line (blood relatives) are mutually dependent (§ 1601 BGB). Thus, the parents are responsible for the children, but if necessary, the children are also obliged to maintain them vis-à-vis the parents.
- Siblings are not obliged to support one another.
- The right to child support is mainly relevant when the parents separate.
- As long as the parents together in one common household live, they are equally obliged to support the child. For example, Section 1612 Paragraph II of the German Civil Code stipulates that parents determine in what way and for what time they provide maintenance in advance.
- After the separation, the child can request maintenance in cash from the parent with whom it does not live in a household (§ 1612a BGB). The parent with whom the child lives and lives fulfills his maintenance obligation through care, care and catering.
Which children are entitled to child support?
- Minors of school age children are always entitled to maintenance.
- Children born out of wedlock as well as adopted children are equal to married children.
- Stepchildren and foster children have no maintenance claim against the step-parent part.
- Unmarried adult children up to the age of 21 are equally entitled to maintenance. Young people have the right to adequate training. The prerequisite is that they still live with their parents and are in general school education (§ 1603 Abs. II S. 2 BGB).
The maintenance obligation initially "legally" applies to that father,
- who is married to the child’s mother at the time of birth and
- those who have recognized paternity or
- whose paternity is judicially established (§ 1592 BGB).
If a child does not come from the legal father, the mother can only demand limited maintenance for this person for himself (OLG Hamm Az. 8 UF 41/14). Since the mother did not disclose the true paternity and thus violated marital solidarity, it would appear grossly inequitable to oblige the legal father to pay a higher maintenance fee.
If the legal father pays maintenance to the child, he can take the biological father into recourse.
Which parent has to pay child support?
The law speaks of supervising and barunterhaltspflichtigen parent.
It stipulates that the parent who takes care of the child usually has to maintain his or her child Care and education of the child fulfilled (Section 1606 (III) sentence 2 BGB). Especially after the separation, this parent fully fulfills his maintenance obligation with the accommodation and meals as well as the care and support of the child. In addition, he owes no cash benefits from property or work income. Nothing changes if the child is looked after by the grandparents.
The other parent is obliged to pay cash maintenance, so he has to pay his maintenance payments in cash. Care and cash maintenance are considered equivalent.
A The caring parent must pay cash maintenance is only considered in exceptional cases if it is particularly wealthy or well earning and without its inclusion there would be a significant financial imbalance between the parents. At the same time, the deductible of the parent subject to maintenance increases from a necessary to a reasonable deductible. The necessary deductible for a working parent who is subject to maintenance is EUR 1,080 .
If the caring parent is able to provide cash support in addition to caring for the child without endangering his or her child’s maintenance, he / she must also pay cash maintenance if the other parent is also impaired in his / her own reasonable maintenance (BGH Az XII ZR 70/09, FamRZ 2011, 1041).
exchange model: If the parents alternate equally in the care and upbringing of the child, they have to pay for the child’s cash maintenance proportionately (BGH FamRZ 2006, 1017).
Even if the parent who is responsible for the maintenance transfers the cash maintenance to the account of the caring parent, the child is only entitled to the money. If the caring parent does not adhere to agreements (e.g. he refuses to deal with the child) or uses the money for his own purposes, the maintenance cannot be reduced easily. The same applies if the non-caring parent looks after the child from time to time (BGH Az. XII ZR 161/04).
Stronger handling does not reduce the child support obligation!
Those who are required to pay cash maintenance must not simply reduce their working hours in order to devote more attention to caring for the child. In this case, a "fictitious" income from work is taken into account if, for this reason, he "willfully" gives up his previous job or does not apply intensively for a suitable job (KG Berlin 13 UF 164/15).
The maintenance obligation does not lapse if the parent who is responsible for maintenance remarries and the role of Hausmanns or the housewife takes over. He remains obliged to take up a job in order to be able to provide the children from his first marriage with cash support (BGH FamRZ 2006, 1827). If he neglects an activity, the corresponding income is fictitiously attributed to him.
How long must parents pay for child support??
The maintenance obligation lasts as long as the child is unable to support itself, i.e. it is in need. This affects the situation as long as the child lives in the parents’ common household, but also the situation after the separation of the parents.
In this respect, it depends on the specific situation of the child. It is the responsibility of the parents, in what manner and for what time in advance they provide maintenance (§ 1612 II BGB). They can fulfill their maintenance obligation by making monthly payments, but can also provide benefits in kind (clothing, accommodation, meals). In the case of minors who live in the parents’ household, the maintenance obligation is reduced to pocket money. After the separation, the child is entitled to cash support against the parent who is not caring for the child.
Children of legal age can be referred to board and lodging in the parents’ house. If the parents live separately, the parent who has cash support has the right of determination. The law thus gives parents the chance to influence the child’s lifestyle.
- It inevitably follows that toddlers and underage pupils are almost always entitled to maintenance. Nothing changes if you repeat a grade.
- Disabled children, those who cannot make a living on their own are entitled to unlimited maintenance.
- Children of legal age are entitled to maintenance insofar as they still live with their parents and are in general school education (Section 1603 (II) sentence 2 BGB). If the child is in training, the parents can insist that the child stay with them and refuse to rent their own apartment (Section 1612 Paragraph II BGB). There is an exception if the child is allocated an outside study place (BGH Az. XII ZR 45/95).
Children of legal age are entitled to maintenance if they still live with their parents and are in training
Children of legal age are entitled to maintenance if they still live with their parents and are in training
If the child finally discontinues education and study, the maintenance obligation ceases immediately.
Neglected if the student sustains his studies without important reasons, he loses his right to maintenance. Temporary easier failure remains excusable (BGH FamRZ 2011, 1560).
If so Study upstream of an apprenticeship the obligation to maintain the course of study continues if there is a close factual and temporal connection between teaching and study. In this case, the parents have to pay for the course as a further training measure.
There is no such connection if the child completes a banking apprenticeship and then goes on to study medicine. Such secondary training does not justify maintenance claims. A change of subject is regularly accepted in the first two semesters, since a child can be wrong in choosing a career and adapt the training path to his or her skills (BGH Az. XII ZR 81). As a rule, the entitlement to maintenance exists for the duration of the standard period of study, but in some cases also for the average duration of study relevant to the subject at the respective university. A doctoral degree does not extend the maintenance break.
The Maintenance Requirements a student is usually EUR 735 per month (as of January 1, 2016, previously: EUR 670). The amount includes a share of housing costs of EUR 300.
How is the amount of maintenance determined??
Child maintenance is defined in the law as minimum maintenance. Minimum Maintenance is the amount that the dependent parent has to pay.
Regulations until 2015
Until December 31, 2015, the minimum maintenance was based on the tax-free child allowance for minors (§ 1612a Paragraph I BGB). This approach ceased to apply on January 1, 2016 through the "Law Amending the Maintenance Law and the Maintenance Procedure Law".
Regulation from 1.1.2016
From January 1, 2016, the minimum maintenance is based directly on the child’s subsistence level (§ 1612a BGB). The amount was first determined on January 1, 2016 and now annually by ordinance (§ 1612a Paragraph IV BGB).
Since children of different ages have different maintenance needs, the amounts vary according to age groups. The Minimum Maintenance is now for 2017.
- Until the age of 6 100% = 342 EUR
- Until the age of 12 100% = 393 EUR
- Until the age of 18 100% = 460 EUR
This statutory minimum maintenance is also the basis of the Düsseldorf table used by the family courts, which determines the maintenance rates depending on the age and the income of the parent. It starts from the named maintenance amounts and increases the amounts depending on the "adjusted“Net income of the parent subject to maintenance.
If the income is so high that it is no longer included in the table, the child must specifically state a higher need for life (BGH FamRZ 2000, 358). For this, it is sufficient to state special or particularly cost-intensive needs (Brandenburg OLG 9 UF 70/11).
Children are not entitled to participate in a luxurious lifestyle of the parents (BGHZ FamRZ 1983, 474). However, it should be borne in mind that the child was used to a luxurious lifestyle and in this respect a certain claim can certainly exist.
How is child benefit counted??
The child benefit is calculated as follows. Child benefit is usually paid to the parent who is looking after the child. At the same time, the law stipulates that child benefit in the amount of half the child benefit is counted towards the cash maintenance amount of the parent who is subject to maintenance (Section 1612b (I) BGB).
Child allowance is charged in full for children of legal age. It counts as the child’s own income.
What deductibles apply?
The parent subject to maintenance is entitled to a necessary deductible to secure their own livelihood. This amounts to EUR 1,080 / month for employed persons and EUR 880 / month for inactive persons. The deductible for children of legal age is EUR 1,300.
When does the maintenance claim expire??
The child cannot waive his right to maintenance (§ 1614 BGB). Any agreement would be void. The child does not lose his or her maintenance claim if he refuses to deal with the parent who is responsible for maintenance.
- The parent subject to maintenance earns a lot less as the caring parent (see section 2 above: BGH FamRZ 2011, 1041).
- The child has such a large fortune, that it can entertain itself. However, there is no need to fall back on the trunk of the assets (section 1602 (II) BGB, so OLG Bamberg Az. 7 UF 240/97). All that has to be taken into account is the income from his assets (interest, rental income).
- The adult child married. In this case, the spouse is primarily responsible for maintenance.
- The adult child has his own income (e.g. trainee allowance).
- The adult child does his work requirement no consequence (e.g. if you want to study and wait for a study place to be allocated, you have to earn at least in the meantime).
- The adult child commits to the parent who has to pay maintenance serious misconduct (assault, but not mere disputes, alcoholism, drug addiction). The dishes here are very reserved.
How are the child’s own income counted towards child support??
Minor pupils and students are not obliged to work. Students do not have to work even during the semester break. If minors earn their own money, income from a holiday job remains unpaid if they only increase pocket money. Otherwise, a basic amount of approx. 40 euros remains as a work-related expense. Amounts in excess of this are taken into account according to "equity". As a rule, half of the additional amount is taken into account. A student’s claim to maintenance is EUR 730 (as of January 1, 2017) if he does not live with the parents.
Own income of children of legal age, on the other hand, generally reduces the right to maintenance. Regular income, for example trainee compensation, is taken into account. Any additional training-related requirements of 90 euros will be deducted.
Maintenance of the step-parent part
Step parents are never dependent on stepchildren. If a step-parent and stepchild live together in one household and apply for social benefits, they form one under social law Bedarfsgemeinschaft. In this case, the income of the step-parent part is taken into account (§ 9 Paragraph II SGB II).
Grandparents’ maintenance obligation
Grandparents are relatives in a straight line (§ 1602 BGB). They are obliged to provide child support for their grandchildren if the biological parents are unable to do so. Both grandparents have a deductible (BGH Az. XII ZR 137/04).
When is there a right to special needs?
A child’s maintenance needs are covered by childcare and cash maintenance. Cash maintenance covers the costs for food, clothing, housing, holidays, the care of cultural and sporting interests, school education, teaching materials and pocket money (Brandenburgisches OLG 9 UF 70/11).
If there is also an irregular, unusual and unforeseeable need, the child can claim special needs. There are a number of court decisions on this. So special needs accepted For.
- Medical expenses that are not covered by the health insurance
- Cost of glasses and dentures
- Tuition costs for a short period of time
Not acknowledged become.
- Costs for the confirmation, as these are foreseeable, not surprising and are therefore covered by ongoing maintenance (BGH Az. XII ZR 4/04).
- Music school education and musical instruments
- Sports equipment
- Cost of vacation stays
- Costly Kle >
If there is a special need, both parents bear the cost in proportion to their maintenance obligation. The right to special needs must be asserted within one year of its creation.
Who receives maintenance advance?
If a parent can or does not want to pay cash support or insufficient cash, the dependent child, represented by the parent with custody, can apply for a maintenance advance from the youth welfare office. The state then takes the dependent parent into recourse.
- The child is domiciled or habitually resident in Germany.
- The child lives with a single parent.
- Foreign children receive an advance on maintenance if they or their single parent hold a residence permit or residence permit. A mere residence permit or residence permit is not enough.
- The child is at most 18 years old.
- The maintenance advance is granted without a time limit and ends when the child reaches the age of 18.
With the decision of October 14, 2016, the federal government has decided in favor of single parents that the child support will be paid longer by the youth welfare office from January 1, 2017. From 2017, the age limit for the advance on maintenance payments will be raised from 12 to 18 years and the reference duration limit of 72 months will no longer apply. This change is very welcome. In this way, single parents are granted financial support from the state not only for a maximum of six years, but continuously up to the child’s 18th birthday if the ex-partner does not meet his maintenance obligation. In this way, single parents and their children are relieved of both a financial and an emotional burden. The situation for the ex-partners who are subject to maintenance and not paying will worsen accordingly. The state then has an increased interest in recovering the maintenance payments made instead of the maintenance debtor.
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