Maintenance claims for your own apartment

Can be dependent on certain family conditions everyone be as long as he cannot, or can no longer raise his own funds to meet the needs of life. Those maintenance claims can e.g. between spouses or relatives in a straight line, and of course mainly for the
Parents towards their children.

In legal terms, you can use the Own apartment require maintenance from your parents as they until the completion of a first qualified professional qualification or until the age of 25 under certain conditions for your maintenance.

Maintenance: When can you start living in your own apartment??

From the age of 18 you can choose your place of residence. So far as young adults can financially stand on their own two feet, no consent or permission from the office or the parents is required. Regardless of whether you are still a student at 18 or registered as a job seeker, you are basically allowed to come from home
move out and rent your own apartment. However, he then has to have the money for it – the parents are usually not obliged to fund their own booth.

What factors determine maintenance?

  1. Your: professional situation, your age, your income
  2. Parents’ income
  3. Own apartment or living in the parents’ household
  4. Whose necessity depends on a)

Maintenance and moral values

Here, morality also plays a no less important value. You should be aware of whether your parents are able to send you money every month, even if the offices consider it appropriate. If you Even if you only have a small income, it would be almost brazen to ask for more money to finance your apartment. Quite a few have strained their relationship with their parents because they have insisted on the maintenance based on the right. However, if the distance assumes that you are staying away from your parents’ home, it looks different.

If you should be able to finance your own apartment without its maintenance, there is of course nothing against it. Even if the parents over the
Allowances, they can often not contribute too much for their own home or training at the present time, since the reality apart from the allowances is usually. looks very different.

Maintenance: minors and adults

Until the age of 18 are yours Parents to Childcare support and cash maintenance required. If they are divorced, each parent has one of the two duties. This means that the parent who does not look after the child is automatically required to pay cash. At the age of 18, the entitlement to care expires, unless you are still living at home and are in the first training course, which leads to a qualified professional qualification. In the case of minors, only half of their own net income is deducted from the maintenance requirement rate, in the case of adults the full amount.

Orientation phase after school education

The orientation phase is after completion of general school education
exactly one year. As a child, you are free to take up a job during this time, to start a voluntary social year or to live abroad for a year and learn a foreign language and culture.

But: Is the FSJ (Voluntary Social Year) or another activity such as A stay abroad, not a prerequisite or part of an apprenticeship or degree, does not entitle you to maintenance at this time. Of course, your parents can continue to pay maintenance voluntarily. You are entitled to child benefit during this time, there can also be housing benefit. ALG II becomes difficult because your parents are basically dependent on you as a U25 without a completed education. Just ask the working group.

Special case child benefit for own apartment and maintenance

Child benefit is not treated as parents’ income. Due to the monthly transfer of child benefit by your parents, child benefit is considered maintenance
and is deducted from the required rate as such. Therefore, when calculating the housing allowance, it is usually considered your income, which means that the minimum income can be reached sooner.

If your own apartment is required due to the distance

If a change of residence is necessary due to vocational training or a degree, the parents have to finance accommodation and living expenses in another city – as far as they are able to do so. However, they usually do not have to spend more than 640 euros per month.

When is there now a right to cash maintenance for your own apartment??

  • Childcare and cash maintenance claims up to the age of 18, whereby the
    Parents must agree to the move out
  • Basically during compulsory schooling and up to the first
    completed vocational training
  • From the age of 18 during an apprenticeship (school, dual apprenticeship or study)
  • However, at most until the age of 25
  • During a transition period of up to 3 months
  • If you drop out of an apprenticeship within the one-year orientation phase after completing compulsory schooling (from secondary school)
  • A degree after completing initial training, if this as
    Further training is classified
  • What happens if the parents cannot make a living??

    You can then apply for BAföG or BAB depending on the professional situation or then you are most likely entitled to something. If you have your own apartment, the Bafög offices pay a higher rate. This also applies to underage students. The Bafög offices are not interested in why the children moved out with their parents. They also don’t ask whether the parents live at the place of study. Those who receive and move out of state training grants only have to notify the office – and get more money from the state from the month of the move out.

    What applies to young people who receive ALG I / II?

    Jobseekers and low-wage earners under the age of 25 must first obtain a permit from the
    Get responsible office. If no approval is obtained, no accommodation costs will be borne by the offices.

    Maintenance: Demand and calculation according to the Düsseldorf table

    The table is not a law, but should rather be seen as a guideline, which is also used in court. Here too, only the relevant facts for your own apartment are largely dealt with, otherwise it would go beyond the scope.

    For children of legal age who are entitled to cash maintenance and rent their own apartment, or how you want to rent, the maintenance requirement is 670 euros per month, regardless of whether pupil, student or trainee. Here are 280 € for accommodation with utilities u. Heating costs (warm rent) included.

    Important: Half of the child benefit is credited for minors and 100% for adults.

    Net income of
    Maintenance fee in €
    12 – 17 years Only from 18 years percent Demand control amount in €
    Up to 1,500 € 426 € 488 100 800 / 1,000
    1,501 – 1,900 € 448 € 513 105 1100
    1,901 – 2,300 € 469 € 537 110 1200
    2,301 – 2,700 € 490 € 562 115 1300
    2,701 – 3,100 € 512 € 586 120 1400
    3,101-3,500 € 546 € 625 128 1500
    3,501 – 3,900 € 580 € 664 136 1600
    3,901 – 4,300 € 614 € 703 144 1700
    4,301 – 4,700 € 648 € 742 152 1800
    4,701 – 5,100 € 682 € 781 160 1900
    With income over 5,101 euros net is calculated on a case-by-case basis

    This table shows your maintenance needs according to the total income (net) of your parents (left column) and your age (over or under 18 years). This only for
    Better understanding, because if you want to move into your own apartment, the standard rate of 670 € counts.

    The child benefit is to be paid to adults and is credited in full to the need. Since childcare maintenance (living at home) can no longer be provided, the cash maintenance obligation must be distributed to both parents of the adult child.

    Your own income such as training allowance, as well as an orphan’s pension or scholarships are fully taken into account and reduce the possible maintenance sum. Occasional gainful employment, e.g. for students, are not included. In contrast, however, 450 € jobs. However, part of this remains free of charge for work-related expenses, at least 60 euros.

    But how is the maintenance now calculated??

    The parent’s adjusted net income is determined, from which the deductible (in the amount of EUR 1,200.00) is deducted. The child benefit of € 670 is initially deducted from the child’s allowance of € 184, as well as other child’s own income, depending on the child’s credit. The resulting amount must then be paid proportionately by the parents, depending on their income. However, only if, after deducting the parents’ deductible, there is still an amount that can cover the child’s previously calculated needs. If this is not the case, BAföG or BAB will apply. Sounds logical or?

    Example Calculation:

    (Child studies abroad, no additional income, 670 € required)

    Father earns EUR 4,100.00; the mother EUR 2,100.00

    Child benefit of EUR 184.00 will be deducted from this.

    As a result, the parents must raise a pro rata amount of EUR 486.00.

    Father has an income of EUR 2,900.00 (4,100.00 less 1,200.00 deductible)
    Mother has an income of EUR 900.00 (2,100.00 less 1,200.00 deductible)

    Father pays 486 x 2900: 3800 = EUR 370.89
    Mother pays 486 x 900: 3800 = EUR 115.11

    By the way: there is no BAföG here, as the parents’ income limits have already been exceeded.

    The most important things summarized for maintenance:

    In general, your maintenance can only be determined through a court, if your parents do not voluntarily send you any money, they should at this time
    are actually subject to maintenance. According to the law, they are subject to maintenance until you have completed a first qualified professional qualification (e.g. vocational training or university studies) and as long as you are under 25. This means that maintenance is preferred for almost all state benefits (for example, not for housing benefits), regardless of whether your parents actually (want or can) pay the calculated maintenance..

    You can find out how much maintenance you are actually entitled to by means of the means test for BAföG or BAB. If you are basically not entitled to anything, you are mainly dependent on your own income, child benefit and maintenance, whereby the latter very often leads to conflicts within the family with regard to your own home, especially if it is not absolutely necessary to move out. However, it is certainly possible to finance your own apartment with child benefit and maintenance (€ 670 – € 184 = maintenance), since your parents would be required to pay cash maintenance under the law as long as you reached the age of 18 and have not yet completed any training.

    However, this approach is morally questionable. It is therefore advisable not to address this topic at all, but rather to ask for a small monthly allowance at a favorable moment. Certainly your parents or relatives will occasionally put a little money in your pocket or give you an envelope with money to move in. However, if your education is at risk because your parents refuse to pay you any maintenance payments despite a good income (and thus any payments are lost), you should actually sue for the maintenance.


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    Christina Cherry
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