(12.17.2019) The maintenance obligation always requires two things, one
- the need of the maintenance creditor and
- on the other hand, the financial capacity of the maintenance debtor.
Just the performance of the debtor is limited by the deductible (personal use), So that this is not in need of the maintenance itself – with the personal needs (as the name suggests) the maintenance debtor himself should have an amount to cover his life needs. You can find out what effects the deductible has on the maintenance calculation in this article.
Amount of deductible
How high the deductible is depends largely on the order of priority in maintenance law, i.e. who is to be paid the maintenance against. The deductible towards children is lower than, for example, subordinate dependent spouses or parents. Before 2020, the amounts were last raised in 2015. The deductible until December 31, 2019 is in brackets in the table below () set.
|Maintenance obligation for||Deductible (in €)||Share for housing costs (in €)|
|Minors and privileged children up to the age of 21 (maintenance worker employed)||1,160 (1,080)||380|
|Minors and privileged adults up to 21 years (Maintenance worker not employed)||960 (880)||380|
|other adult children||1,400 (1,300)||480|
|divorced spouse and mother or father of an illegitimate child (Maintenance person employed)||1,280 (1,200)||430|
|divorced spouse and mother or father of an illegitimate child (Maintenance person not employed)||1,180 (1,200)||430|
|Parents (self-sufficiency)||2,000 (1,800)||480|
Basically, for personal use, between necessary and the reasonable Deductible differentiated.
According to the maintenance guidelines of the Düsseldorf Higher Regional Court, the necessary personal needs are to be applied to minors and privileged adults. If the maintenance debtor is gainfully employed, this amounts to 1,160 euros, for non-employed persons 960 euros.
Are in this amount 430 euros for housing costs (Warm rent, including allocable utility costs and heating) included.
(Large) reasonable deductible
Compared to all other maintenance debtors who are ranked behind minors and privileged adults, i.e. not privileged adults, spouse, parents etc., the maintenance debtor has a reasonable personal need, at which Accommodation and heating costs of 550 euros (Warm rent) is included.
The third is called “cheap” (Appropriate) deductible, which is a mixture of the necessary and the appropriate deductible and comes into play primarily with post-marital spouse or separation maintenance or with illegitimate parents (childcare support up to the child’s third year). Here is an amount of 430 euros for the warm rent considered.
Adult adults with lost economic independence
Compared to non-privileged adults, maintenance debtors have a personal need of 1,400 euros. But the child already got up financially own Legs and then slips into need due to the loss of economic independence, the BGH ruled on January 18, 2012 (XII ZR 15/10) to adjust the appropriate deductible limit to the amount, as is also the case with a maintenance obligation of Child versus parent would be – 2,000 euros.
How is the deductible composed??
The basic amount for the deductible is made up of the values in Sections 27a SGB XII and 20 SGB II, which one also the Hartz IV standard record height regulates and reflects the disposable household income for a single person without debts and atypical expenses according to social law standards. This has been around € 432 since 2020 and will be updated.
Mathematically, that would have to be Deductible in 2020 to € 1,072 for child maintenance debtors to underage children.
However, this standard rate is increased by a flat rate of 10% in order to counteract any disadvantages that Hartz IV needy do not have to pay, such as GEZ broadcasting fee. Furthermore, the reasonable costs of the warm rent (cold rent plus additional costs and heating costs) as well as flat rates for insurance and a flat monthly buffer amount are added. In order to create a working career, employees receive an additional flat-rate deductible.
|Basic requirements according to the standard rate (432 € in 2020 + 10%)||€ 470||470 €|
|living costs||€ 430||€ 430|
|insurance package||€ 30||30 €|
|blanket buffer||€ 30||€ 30|
|Total deductible||€ 1,160||€ 960|
An increase in the deductible can only be considered in two cases:
- with inevitably higher housing costs
- more than 50% higher income of the other parent
Should the Deductible is inevitably exceeded, it can be raised to an appropriate amount depending on the individual case. As an example, one could assume a father who has to meet maintenance obligations for his child to a normal extent, but whose warm rent amounts to 490 euros. Can he Father does not cut his housing costs, the deductible could be increased to 1,220 euros (60 euros higher than necessary, therefore the own contribution is also increased by this amount).
In principle, the person who is not living in the household is obliged to make a living. So first of all it plays Income from the caring parent does not matter. Here, however, the BGH made a different decision with judgment XII ZR 70/09 of May 4th, 2011 and participated in the child’s cash maintenance.
Higher deductible with significant difference in income
In the present case, the income of the caring parent was more than half above that of the person who is only liable for cash maintenance Father who had comparatively low income. Here, the court awarded the maintenance debtor the increase from the necessary (as of 2011 at EUR 1,080) to the appropriate deductible of EUR 1,200 (as of 2011).
Lowering only in rare cases
Trying to lower your own needs will rarely succeed. This is only conceivable, for example, if the maintenance debtor is newly married, the spouse / life partner earns considerably more money from which he / she would have to pay maintenance support to the maintenance debt – and the actual debtor would fall below his own needs by providing maintenance payments to others.
Lower deductible – example
The maintenance debtor must provide child support for his illegitimate, 14-year-old daughter of EUR 497 (table maintenance) minus half child benefit with EUR 102 = EUR 395. However, he only has an adjusted net income of 1,400 euros, so that the deductible is less than 1,160 euros and he would only be capable of up to 240 euros.
However, his wife has a net income of 1,700 euros, so that she owes him 3/7 of the difference (400 euros) to spousal support, which is 171 euros. Supplementing the father’s income with spousal maintenance would make it fully efficient at 240 + 171 = 411 euros and can provide child support.
Lack bill case
If you as a maintenance debtor have the rights to satisfy several people (be it children and / or ex-partners), it can quickly happen that the Deductible limit exceeded is – here one speaks of a defect, what means, that the person subject to maintenance is not fully capable. In the case of the so-called defect case calculation, child support is then deducted according to the Düsseldorf table. If the limit of the deductible is not sufficient, what is left must be distributed evenly.
No confusion with the demand control amount
The mistake is often made and the deductible is confused with the demand control amount in the Düsseldorf table (far right column with fixed euro amounts). In principle, however, these amounts have nothing in common and also fulfill both different functions.
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