Children are generally entitled to maintenance payments until they have completed their vocational training. These maintenance payments are to be made primarily by the parents. In exceptional cases, the grandparents may also be required to provide maintenance.
If a parent looks after a minor child, they do not usually owe any cash maintenance. Rather, they fulfill their maintenance obligation by providing care and support for their child, providing a place to live, food, clothing, etc.. The non-custodial parent, on the other hand, owes cash maintenance. The amount of maintenance depends, among other things, on his income, the age of the child and other maintenance obligations. From the time the child comes of age, both parents are required to pay cash maintenance in accordance with the amount of their respective incomes.
Lawyers, authorities and courts use tables and guidelines created by the higher regional courts that are regularly updated to determine the specific amount of the maintenance obligation. The Dusseldorf table is particularly important here.
Only part of the income is relevant for the maintenance calculation. Income tax or wage tax, church tax, and contributions to pension funds for illness, long-term care, old age, disability and unemployment are to be deducted from the gross income. Other items that may be deducted include work-related expenses, such as travel costs from home to work, and debts that need to be taken into account. According to the highest court in the land, the extent to which liabilities are to be taken into account can only be decided at the court's discretion after a comprehensive balancing of interests.
For example, the Federal Court of Justice ruled in March 2022 that, in principle, the repayment installments that the person liable for maintenance makes on a loan to finance his or her own home can also be taken into account, in addition to interest payments, up to the amount of the housing benefit, even in the case of child support.
When calculating the amount of maintenance, numerous aspects must be taken into account in each individual case. Individualized advice from a lawyer is therefore recommended.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.