Maintenance obligation in germany - lawyers for maintenance law

legally the maintenance obligation in Germany is regulated in the Civil Code (BGB). Especially §§ 1361; 1570 and 1601 – 1615o BGB regulate who is liable to whom for how long and for how long.

Who is responsible for maintenance?

Even though most people think of failed marriages or children when it comes to maintenance, there are still more people who have maintenance obligations. The basic rule, however, is that only those who are unable to maintain themselves are entitled to maintenance. Maintenance obligations may apply to one’s own children, adopted children, partners, the divorced partner, parents, other relatives in a straight line and to people for whom the parenting report is held. Relatives in a straight line are direct ancestors and descendants. However, there is no maintenance obligation towards siblings, nephews and nieces, uncles and aunts. Nor do grandparents have to pay for adopted children and vice versa. There is also no maintenance obligation for parents-in-law and children-in-law, since they are only related to each other, but not related to each other. Furthermore, there is no maintenance obligation for stepchildren or step parents. To get a rough overview of the amount of maintenance obligations, there are the Düsseldorf tables, which are updated regularly.

In addition to this natural maintenance obligation, there is also the Maintenance obligation for contractual reasons. In this way, people can commit themselves to other people to pay for them in certain situations or in principle.

If there are maintenance obligations to several people, then children always have priority over other dependents when it comes to maintenance payments – regardless of whether they are legitimate or illegitimate children.

However, every maintenance debtor has the right to a minimum monthly amount at their own disposal. This minimum amount is called the deductible.

Maintenance obligations can not only regulated by money, but also by providing food, shelter and clothing. Through care and maintenance and everything else that secures a person’s life needs.

Child maintenance obligation

The maintenance obligation towards children consists until the child has his own income. This does not mean income from school or vacation jobs, but in addition to a regular job, income from student loans, the training allowance or a regular part-time job as a student. There is also an obligation towards children to finance an education or study in accordance with the child’s abilities and talents. There is no need to fund a change of course in directions that have nothing to do with the first degree. Towards the children there is the right to have proof of achievement and matriculation certificates shown. A doctorate only has to be financed if it is an important part of later working life, however, part-time work can then be required of the children, so that the maintenance obligations decrease. In principle, only one apprenticeship needs to be financed. An exception is only made if the initial training is only an interim solution for the training actually aimed for.

Maintenance obligation for spouses or life partners

As a rule, there is a maintenance obligation towards the spouse or life partner during the marriage or life partnership. With the separation there is a claim to payment of a monthly amount of money, the duration of the marriage is not important for this, the right to maintenance exists for the duration of the separation period. The entitlement to separation benefit ends on the day on which the divorce decree becomes final. The divorced ex-partner can only claim maintenance if he is in need and cannot cover his living needs with his own income. When asked whether an ex-partner has to start work so that no maintenance obligation arises, it is taken into account whether there are under-age children to look after, whether and what professional qualifications are available and how old and healthy the ex-partner is. As a rule of thumb, the younger and healthier and the better professionally qualified the ex-partner is, the more likely he is expected to take up work.

Maintenance obligation towards parents

Behind the maintenance obligation for children and (ex) partners there is a maintenance obligation towards parents. Since the general public increasingly has to pay for elderly people in need of care, since their income and the benefits of long-term care insurance are not sufficient to finance the necessary care, the social welfare offices try to get the payments back from the children. However, people in need over the age of 65 receive basic security without financial recourse to the children if their total annual income is less than EUR 100,000.

When does the maintenance obligation expire??

The Maintenance obligations expire if a person willfully causes their need. Anyone who voluntarily gives up his job or spends his own fortune in the casino his Wantonly bring in need. The maintenance obligation can also expire due to serious misconduct. What is serious misconduct in detail is not precisely defined. However, physical and mental abuse are included. Adultery can also be included.

Basically, however, a judge decides whether the need was brought about willfully or whether the serious misconduct was large enough. And only the judge can release him from the maintenance obligations. Anyone who independently or without a judicial decision shortens or completely ceases to pay maintenance is punishable under Section 170 of the Criminal Code and can be punished with up to 3 years in prison.

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