Many people are concerned in Germany with the question of whether and how much maintenance is actually payable in connection with children and divorce? – This question is important for both the maintenance debtor and the maintenance creditor, because the future organization of each’s life depends upon it.
Maintenance in Germany can be in the form of child support and / or spousal support. The calculation of maintenance claims in Germany can be very complicated, depending on the case, and therefore requires specific expertise.
Child support.
If maintenance claims are asserted, child support must always be calculated first and only then does the calculation of spousal support follow.
Child support is divided into cash and maintenance for care. The parent who lives separately from the child is obliged to pay cash alimony in the form of advance payments. On the other hand, the other parent with whom the child lives is obliged to provide maintenance for care in the form of food, accommodation, care, education, etc. Parents who take care of their child to more or less the same extent (known as the “change model”) are usually obliged to pay maintenance in cash.
Minor children and school-age children and, under certain conditions, children who have attained majority are entitled to maintenance, e.g., if children are still in general school education or have not completed their first vocational training yet.
The scale for calculating child support is the so-called “Düsseldorf Table” as well as the adjusted net income (including the deduction of church tax, etc.) of the parents. In order for the maintenance debtor to be able to earn his or her own living, he or she is entitled to a deductible of his or her income.
Spousal support.
For spousal support, a distinction is made between separation support and post-marital support.
Separation maintenance is intended to ensure that both partners can continue to maintain the same standard of living after a separation and until a legally binding divorce. This entitlement exists even if the other partner is able to support himself / herself financially, if his / her quality of life would deteriorate considerably as a result of a separation. The reason for this is that until the divorce becomes final, the solidarity of the marriage should continue to apply during the separation. The above-mentioned deductible is similarly used in this calculation to ensure a basic subsistence level.
Post-marital maintenance regulates the financial conditions after a legally binding divorce. However, after the divorce, each spouse is initially obliged to provide for his or her own maintenance. Just because a maintenance obligation existed during the separation period, the claim is not automatically transferable to the period after the marriage. To the contrary, a new evaluation is conducted. Circumstances in which such a claim may exist are, for example, maintenance resulting from an incapacity to work due to illness, unemployment, etc.
Experienced attorneys in Germany.
Jackson Law International is pleased to present its German attorneys, who are admitted to practice law in that country and who allow us to provide a pleasant, competent, and trustworthy international collaborative representation of our clients where borders play no role. Our German attorneys are familiar with the field of maintenance law in Germany and, due to our experience in dealing with such matters, have particularized knowledge and contacts in and concerning the German legal system.
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