The name says it already. In the real exchange model, the separated parents look after the common child approximately equal parts. The child lives for a certain period of time (about a week) with a parent who also takes care of it, and lives with the other parent for the subsequent, equally long period. This happens in constant change. As a result, the individual parents and the child spend the same amount of time each other – unlike the traditional residence model. Which care models it shows, how the real exchange model works and in which way especially the child support is calculated, is shown here for you.
The most important
- In the case of care models for a common child, a distinction must be made between the residence model, the spurious exchange model and the real exchange model.
- The traditional residence model is when the child lives with one parent and is provided with natural living while the other parent provides cash. He has a right to deal with the child.
- The spurious exchange model is an extended residence model with significantly increased handling. The increased stay of the child at the other parent is considered by family courts at calculation of child maintenance.
- In the real exchange model, the child lives alternately in equal parts in both parents and is cared for by them in equal parts with natural and cash maintenance.
- A real exchange model is therefore only present if all care services are provided by both parents in approximately equal parts. This is no longer the case if 10% or more deviates from the half split.
- The real change model requires that parents are willing to co-operate and communicate with each other, that the practice of the true change model is in accordance with the child’s will, and that external conditions are in line with the best interests of the child.
- The calculation of child support in the case of a real change model is similar to the maintenance calculation for children of legal age, but the extra costs and the crediting of the child allowance for this model have to be taken into account.
Table of Contents
In the case of care models for a common child (or several children together), a distinction must be made between the residence model as well as the spurious and the real change model.
In the case of the traditional residence model, the child lives or resides with a parent and is therefore looked after by him / her with accommodation, food, clothing etc. The other parent provides cash support and has a right to deal with the child, which in practice usually extends to every other weekend and half of the summer holidays. The costs of handling are regularly charged to the dependent child. Since the legislature also proceeds from the residence model, this is regulated by law in particular in the case of child maintenance.
The spurious exchange model is ultimately a residence model with significantly increased handling of the cash-dependent parent. Here the child stays for longer periods with the cash taker. However, since the child still lives predominantly with one parent, it remains with the obligation to the cash maintenance of the other parent. However, the additional costs (eg travel costs) arising from the increased handling of regularly more than ten days per month can be taken into account by the family courts, in which the person subject to the cash benefits is classified in the Düsseldorfer table as a lower income group or if only one dependent is granted a higher status , which reduces the monthly cash to be paid. In addition, financial expenses that partly cover the child’s maintenance needs (such as the complete outfit of the child with summer and winter clothing) can lead to a reduction in cash support.
In the real exchange model (double residence model, pendulum model), the child alternately lives in equal parts (parity) in both parents and is cared for equally by them. Legal regulations on this model practiced by more and more parents do not exist, so that there are numerous legal problems, especially with regard to maintenance. In addition to this, this model regularly adds to the additional travel costs between parental homes and adds further costs, as the child should have roughly the same basic equipment (such as nursery) for both parents, in order to be well cared for.
Advantages and disadvantages of the real exchange model
Among family psychologists and legal scholars, the real change model is not uncontroversial. Above all, it is criticized that
- the child does not have a “real home” because it is constantly “shuttling” between the two parents so that ultimately it does not feel secure.
- the bonding and care needs of infants can not be met in a child-friendly way.
- Due to the regular change increased costs and an increased logistical effort arise.
- The need for communication and coordination between parents for this model can cause increased tension.
This is offset by the following advantages of the real exchange model:
- The child spends the same amount of time with the parents, who both like it, and grows up with both parents.
- Both parents are responsible for caring for the child and can therefore provide both support to the child, as they are regularly both aware of any problems the child may have.
- The image of the parents, one of which is responsible for “boring” everyday life and the other for “exciting” weekend and holiday businesses, is distorted for the child.
- Since the child spends the same amount of time with both parents, the “fight for the child” does not apply to separation and divorce.
Legal requirements of the real exchange model
In the absence of legislation, case law has laid down the legal requirements for the real exchange model. The Higher Regional Court (OLG) Schleswig (decision dated 16.06.2016, Az .: 10 UF 251/09) has recently commented in great detail. After that, the real exchange model requires that
- the parents sufficiently to common Cooperation and communication willing and able, especially with regard to the increased cooperation and communication requirements of the real exchange model.
- parents have a basic consensus on essential education issues.
- both parents are educational.
- the Ties of the child are equivalent to both parents.
- the practice of the real change model to the child will corresponds to.
- the external conditions are in accordance with the best interests of the child (such as a short distance to the parents’ homes and appropriate accommodation and care).
If there is no common cooperation and communication between the parents, the real exchange model is already excluded from the outset.
No real exchange model – but only a fake exchange model – is given, if
- the care of the child is not nearly the same, but 2/3 is provided by one parent and 1/3 by the other parent.
- one parent is caring for the child while the other parent is working overtime, or only one parent provides clothing and school supplies, and the child is accompanied by only one parent at school and music lessons.
- the child is supplied with a disease only from the mother, that is from a parent.
A real exchange model is therefore only present if all care services are provided by both parents in approximately equal parts. This is no longer the case if 10% or more deviates from the half split.
Against the will of a parent, the real exchange model may not be ordered because there is no legal basis for this model. Isolated court decisions, in which a continuation of the real exchange model against the will of a parent was decided, are therefore to be treated with caution.
In legal terms, the real exchange model is not subject to the right of access, but to the right of residence, which is part of custody.
Real exchange model: Calculate maintenance
When calculating the child support for the real exchange model, there are some special features. In practice, in practice, the respective parent often pays the costs incurred during the period in which the child lives with him and the child is cared for by him, while larger costs (for example a pair of glasses, a school trip or the like) between the parents are shared or proportionately according to their income. In fact, in the real exchange model, however, both parents are obliged to cash, whereby the child benefit is divided or to be counted.
The calculation of child support in detail
The calculation of child support in the real exchange model is similar to the maintenance calculation for children of legal age, but the extra costs for this model have to be considered. In detail, the calculation for the real exchange model is carried out as follows:
in the Step 1 the incomes of both parents are added together, whereby from the total income using the Düsseldorfer table the child maintenance can be determined.
The additional demand for the replacement model (additional travel costs between the parents’ apartments, costs for the additional nursery) will be added in 2nd step added to child support.
in the 3rd step the own contribution (deductible) due to the parents must be deducted from the individual net income. Following this, both incomes are set in relation to each other.
According to the ratio of the two net incomes is in 4th step the child maintenance including the additional costs divided.
After that, in the 5th step half of the child benefit paid to the parent who receives it is added to the portion of child maintenance and additional costs to be paid, while the other parent deducts half of the child benefit from the portion to be paid.
in the 6th step it is checked which parent has to pay to the other child for the child in which the difference between the shares to be paid and half of the child maintenance including the additional costs (see step 2) is determined.
Calculation of child support in the real exchange model
The 9-year-old child Johanna lives with each of his separated parents, Mark and Clara, alternately for a week. Mark earns a net monthly income of EUR 2,000 and Clara a EUR 1,500, with her child benefit paid. The travel expenses and the additional children’s room for K lead to monthly additional costs in the amount of 200 EUR.
episode: Child maintenance is calculated step by step:
- 1st step: the total income be > ). However, as the table is intended for two dependents and only one is present, there is a promotion to Group 7, according to which the maintenance for Johanna is EUR per month.
- Step 2: For the monthly maintenance, the monthly additional costs for trips and the additional children’s room of 200 EUR have to be added, resulting in 753 EUR (EUR maintenance + 200 EUR additional costs).
- Step 3: From the monthly income of the parents, the personal needs in the amount of EUR 1,080 per month (Stand:) must be deducted. Mark will receive EUR 920 per month (EUR 2,000 income – EUR 1,080 own) and Clara EUR 420 per month (EUR 1,500 income – EUR 1,080 own), totaling EUR 1,340 per month remaining income (EUR 920 for Mark + EUR 420 for Clara). The monthly share of Mark is therefore around 69% (€ 920 / € 1,340) and that of Clara around 31% (€ 420 / € 1,340).
- Step 4: Mark’s contribution to child support and additional costs is approximately EUR 519.57 per month (69% from EUR 753) and Clara’s monthly EUR 233.43 (31% from EUR 753).
- Step 5: As Clara receives the monthly child allowance in the amount of Euro (state:), Mark’s share of child support and additional costs is reduced by the half of child benefit due to him to 417.57 EUR (519.57 EUR – EUR). For Clara, on the other hand, half the child allowance must be added, so that her monthly share is 335.43 EUR (233.43 EUR + EUR).
- Step 6: Half of child support and additional costs amount to € 376.50 per month. However, Mark has to pay 417,57 EUR per month, so he has to pay the difference of 41,07 EUR per month to Clara.
Any further additional needs (constantly incurred costs, such as for long-term tuition) as well as any special needs (sudden and unforeseen costs, for example, for medical expenses not taken over by the health insurance) are not taken into account in the Dusseldorfer table. If such costs are incurred, they must also be borne by the parents in proportion to their income.
Child support at the real exchange model
A particular problem with child allowance under the true exchange model arises when none of the separated spouses requires child support and one spouse wishes to receive half of the child benefit from the other. Here, a claim may arise for isolated payment of half child benefit.
Claim child support in the real exchange model
On a regular basis, the parent with whom the child is constantly living asserts the right to child maintenance before the family court as its legal representative against the other parent. However, this is not possible with the real exchange model since the child stays in equal proportions in both parents. Therefore, the parent claiming child support must either apply for the appointment of a supplementary nurse or the authority to enforce this claim under § 1628 BGB at the court.
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