Child support: maintenance for children with Sche >

Children mean responsibility. Anyone who puts a child into the world has to entertain them, i.e. pay child support. The law sets a number of regulations on parents’ maintenance obligations towards their children.

To anticipate: Child maintenance law is a difficult subject. Given the diversity of everyday life and the legal situation, the layperson will hardly be able to check and calculate child support without legal advice. Still it is helpful, the basics to know. Because:

• If you know the basics, you can at least make an approximate maintenance calculation.
• He can roughly check whether a maintenance request is even considered in the approach, whether it is within the scope or overshoots the target.
• He can prepare for a consultation with a legal advisor, can argue in the conversation himself and better understand the lecture of the advisor.
• If you know that you are right or wrong, it is easier to decide whether you want to deal with a legal dispute or better negotiate an amicable settlement.

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The most important

• Relatives in a straight line (blood relatives) are mutually dependent (§ 1601 BGB). In maintenance law, the premises are that the party entitled to maintenance needy is and the maintenance party powerful is (§ 1602 BGB). These premises are regularly assumed for underage children.
• As long as the parents together in one common household live, they are equally obliged to support the child.
• After separation the child can demand maintenance in cash from the parent with whom he does not live in a household (Section 1612a BGB). The parent with whom the child lives and lives fulfills his maintenance obligation through care, care and catering. Care and cash maintenance are considered equivalent.
• If the parents alternate equally in the care and upbringing of the child, they have to pay for the child’s cash maintenance proportionately (BGH FamRZ 2006, 1017).
• The parent subject to maintenance is entitled to a necessary deductible to secure their own livelihood. This amounts to EUR 1,080 / month for employed persons and EUR 880 / month for inactive persons. The deductible for children of legal age is EUR 1,300.
• The maintenance obligation lasts as long as the child is unable to support itself, i.e. it is in need.
• Child support is in the law as Minimum Maintenance Are defined. The minimum amount of maintenance is the amount that the dependent parent has to pay. From January 1, 2016 the minimum maintenance is based directly on the child’s subsistence level (§ 1612a BGB).

Table of Contents

Principles of Child Maintenance Rights

• Relatives in a straight line (blood relatives) are mutually dependent (§ 1601 BGB). Thus, the parents are responsible for the children, but if necessary, the children are also obliged to maintain them vis-à-vis the parents.
• Siblings are not obliged to support one another.
• The right to child support is mainly relevant when the parents separate.

• As long as the parents together in one common household live, they are equally obliged to support the child. For example, Section 1612 Paragraph II of the German Civil Code stipulates that parents determine in what way and for what time they provide maintenance in advance.
• After the separation, the child can request maintenance in cash from the parent with whom it does not live in a household (§ 1612a BGB). The parent with whom the child lives and lives fulfills his maintenance obligation through care, care and catering.

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In maintenance law, the premises are that the party entitled to maintenance =&0=& is and the maintenance party =&1=& is (§ 1602 BGB). These premises are regularly assumed for underage children. In the relationship between parents and child, there is an increased maintenance obligation for parents. Especially with regard to the minor child, parental responsibility demands ensuring the child’s need for life and giving them care and upbringing. After the 2010 maintenance law reform =&10=&. Your maintenance claim is primarily to be served (§ 1609 BGB). Before that, underage children stood on an equal footing with divorced and current spouses. If the parent who is liable to pay cash maintenance is only partially able to pay, he must first pay the child support. Only then do the maintenance claims of the ex-partner and a new partner come. The law protects the mother in a special way (§ 1615 l BGB). The father has to provide maintenance to the mother six weeks before to eight weeks after the birth of the child. Beyond this period, the child is subject to maintenance if the mother cannot be expected to work due to the care and upbringing of the child. The maintenance obligation exists for at least three years after the birth. It is extended as long and as far as this is fair. The concerns of the child and the options for childcare must be taken into account.

Which children are entitled to child support?

• Minors of school age children are always entitled to maintenance.
• Children born out of wedlock as well as adopted children are equal to married children.
• Stepchildren and foster children have no maintenance claim against the step-parent part.
• Unmarried adult children up to the age of 21 are equally entitled to maintenance. Young people have the right to adequate training. The prerequisite is that they still live with their parents and are in general school education (§ 1603 Abs. II S. 2 BGB).

The maintenance obligation initially "legally" applies to that father,