Maintenance – Support for the maintenance right 2019/2020

Maintenance Table 2019 published ▷ Düsseldorfer Table 01.01.2019 and Düsseldorfer Table 01.01.2020 (Extrapolated)

It has become necessary to increase the amount of child support since the legislature increased the basic allowance and the amounts for child benefits on 01.01.2018 and for the last time on 01.07.2019. A further increase is decided for 2020 and 2021.

Changes in the maintenance 2020

From 01.01.2020, children will receive higher amounts of maintenance due to the Second regulation amending the Minimum Maintenance Regulation (BGBl. 2019, 1393). This results in the following rates for the minimum maintenance of the next years:

When is there any right to maintenance??

As a matter of principle, underage children always have a right to child support unless they live in a household with both parents.

The parent, in which the child lives, fulfills its maintenance obligations but already with the position of food and lodging, so the so-called natural maintenance. In return, the other parent must make his contribution as cash support, thus financially compensating the child’s maintenance claim.

Basics and entitlement to maintenance

Crucial here is the determination of whether there is any entitlement to maintenance, which is always the case with children, when the parents separate or do not live together. In addition to the need for maintenance, this also requires the ability of the maintenance debtor. Because only those who have enough income at their disposal are able to provide maintenance.

Child maintenance – maintenance claim of children

Especially the subject child maintenance busy the courts. There are clear rules for this, especially for minors, the minimum maintenance should ensure the care of children – and is based on the principle of parental responsibility. In principle there is a distinction to be made in child maintenance between minors, privileged children up to the age of 21, and adults who are in education, studies or unemployed. The guideline can be found in the Düsseldorfer Table 2019 (Düsseldorfer Table 2018), which is used by the Higher Regional Courts with their table amounts as a guide to determining child support needs.

Use our maintenance calculator to calculate the upkeep.

If a parent does not comply with the ministries, it is possible to apply for a child support advance.

Exchange model (parity model)

In Germany prevails predominantly the “residence model” in the maintenance which means that a child lives with a parent and is provided with natural maintenance in the form of food and lodging. The other parent, in which the child does not live, provides his maintenance obligations in the form of cash support. Still quite unknown and very little common is the change model, in which separate parents share all rights and duties and the child lives and is cared for by the parents in approximately equal parts. Further information can be found in a separate article on the parity model under “exchange model“

Spouse maintenance as a post-marital maintenance obligation

Financial compensation after a separation or divorce, that is the goal of spousal maintenance. But the courts increasingly take the divorced spouses with their own responsibility in the duty, with the aim to provide for his own maintenance. As a result, separated spouses will have a hard time enforcing a maintenance claim if they are able to provide for their own livelihood. The situation is different with existing children who still need care because of their age. Here you can not escape the maintenance obligation in the form of child care until the age of 3 years.

Parents Maintenance

When children have to pay for their parents

Demographic change and the associated changes in society are increasingly promoting old-age poverty in Germany. Low pensions and increased need for care are the consequence of this and make parental maintenance an increasingly important role. To secure the livelihood for elderly people in need of care, more and more often financially supporting their own children with parental maintenance – this can even be imposed by law.

divorce

In addition to maintenance, the process of divorce is the main focus of family law. What began with a “Yes, I want” and a signature at the registry office can only be divorced by a judge’s verdict. The divorce rate of marriages is highest in the first seven years, according to statistical surveys. In addition to the emotional impact is also a divorce, depending on the matrimonial property during marriage, to clarify the consequences of assets, which is often a point of controversy. The cost of a divorce can be pulled up by a not friendly separation far.

You can also read many interesting articles in our blog divorce law

Last update: 30.08.2019

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