Spouses as well as relatives in direct line, particularly parents and children, are mutually obligated to provide maintenance for each other. This is stipulated by the German Civil Code (BGB). Maintenance issues are particularly relevant in the case of Divorce.
1. Child Maintenance
During a marriage, minor children are usually provided for in the shared household through so-called in-kind maintenance. There they receive: accommodation, food, clothing, etc. In the case of a divorce, this changes. Usually, the child then lives exclusively or predominantly with one parent (the so-called "residence model"). The other is then obliged to pay so-called cash maintenance, i.e., a monetary payment.residence model"). The other is then obliged to pay so-called cash maintenance, i.e., a monetary payment.
How much child maintenance must be paid is determined by the nationally recognized Düsseldorf Table. This applies to all maintenance-liable regular earners with a net income below 5,501 euros per month. If the income is above this limit, maintenance must be determined individually on a case-by-case basis. The Düsseldorf Table is a guideline developed by the Higher Regional Court of Düsseldorf that is regularly updated. The family law senates of the Southern German Higher Regional Courts additionally use diverging guidelines.
The Düsseldorf Table differentiates firstly according to income levels (salary and other income) of the parents or the maintenance-liable person, and secondly according to age groups of the children. In addition, higher rates apply to the first and second child than to the third, fourth, etc.
In everyday life with children, additional or special needs may arise beyond the lump-sum table amounts, for example for medical treatments or private schools. The maintenance-liable parent does not have to bear this alone. The costs incurred are divided between the parents in proportion to their income.
A frequent point of dispute in maintenance matters is the income of the person liable for maintenance. In each individual case, it must be precisely determined which income is to be considered and which expenses and debts (e.g., loan installments) are to be deducted from it.
Tip: A working maintenance-liable person with school-age children under 21 years has a monthly self-retention of 1,080 euros. This is deducted from their determined net income.
The maintenance calculation becomes particularly complex when parents have chosen the so-called alternating residence model . In this arrangement, the child lives alternately with one parent or the other. This does not mean that no maintenance has to be paid. Rather, both parents then become liable for maintenance. The higher-earning parent must pay more, even if the child lives with them half the time. However, the mutual maintenance claims can be offset against each other.
Your attorney Dr. Christina Schmidt advises you comprehensively and competently on all matters of child maintenance. For the calculation, she examines in particular which income of the maintenance-liable person must be considered and which expenses and debts are to be deducted.
2. Separation Maintenance
When a married couple wishes to divorce and therefore separates, separation maintenance may become due. This is always applicable when one of the spouses is the sole breadwinner or has a significantly higher income than the other. The claim exists for the period from the separation, i.e., from the termination of the domestic cohabitation until the divorce decree becomes legally binding.
The background is that – as long as a couple is not divorced – marital obligations continue to exist. The partners are therefore still financially responsible for each other and must ensure the security of the partner. If a spouse, for example, was previously not employed or only employed part-time, they should not be forced to completely reorient themselves professionally during the separation period. After all, it is not yet clarified whether it will actually come to a divorce.
The amount of separation maintenance is based on the income that characterized the marital circumstances. In Southern Germany, the maintenance law guidelines of the higher courts are used for the calculation. The amount of maintenance is limited by the so-called self-retention of the person obligated to pay. This currently amounts to 1,200 euros per month.
Important to know: In individual cases, separation maintenance may be limited or excluded due to so-called gross inequity limited or excluded. This applies when granting maintenance would be perceived as extremely unjust, for example because the entitled person has committed a crime against the spouse.
Your attorney Dr. Christina Schmidt examines whether you are entitled to separation maintenance or must pay it. She also determines the amount of the maintenance claim.
3. Post-Marital Maintenance
Post-marital maintenance is only available once the divorce becomes legally binding. The corresponding application can either be submitted together with the divorce petition or separately.
Important difference from separation maintenance: A divorced person cannot claim maintenance solely because they have a lower income than their ex-spouse. Instead, after a divorce, the principle of self-responsibility applies. Everyone must provide for themselves. Only if someone cannot sufficiently provide for their livelihood and is in need can they have a maintenance claim against the ex-spouse. However, a prerequisite for this is that the ex-partner is in turn financially capable.
The law distinguishes the following grounds for maintenance, each of which must exist at the time of divorce:
- Care maintenance due to the care of joint children. This can be claimed by a parent who cannot work or cannot work full-time due to caring for young children. The claim exists for at least three years after the birth of the child.
- Maintenance due to age: The claim exists if a divorced person can no longer be expected to work due to their age or they cannot find employment anymore.
- Maintenance due to illness: Anyone who cannot work due to illness is also entitled to post-marital maintenance.
- Maintenance due to unemployment: A divorced person who cannot find employment despite a committed job search can also claim maintenance from the ex-partner during this time.
- Supplementary maintenance is only available in rare cases. Spouses who earn only a low income despite being employed, which bears no relation to the standard of living during the marriage, should be protected from social decline. However, the claim is limited to exceptional cases, as the principle of self-responsibility otherwise applies.
- Education, further education and retraining maintenance: If a spouse did not begin an education or training due to the marriage or discontinued it, they may be entitled to maintenance to make up for the education. They then receive it for the duration of the education.
- Finally, there is also Maintenance on grounds of equity. This only applies in the presence of serious reasons due to which gainful employment cannot be expected from the ex-partner. In addition, a refusal of maintenance must appear extremely unjust considering the overall circumstances.Classic example: The ex-spouse cares for a small child at home. Since it is not a joint child, they do not receive care maintenance.
For the calculation of maintenance, largely the same applies as for separation maintenance. This is based on the marital circumstances at the time of divorce. Since the person entitled to maintenance must be in need, they must have their income and other earnings, e.g., rental income, credited. As with separation maintenance, there is also the self-retention of the person obligated to pay in the amount of 1,200 euros for post-marital maintenance.
Post-marital maintenance can also be grossly unjust and therefore limited or excluded. Example: The person entitled to maintenance has demonstrably deliberately caused their own need.
Important to know: Unlike separation maintenance, post-marital maintenance can also be waived, for example through a prenuptial agreement or agreement in divorce proceedings.
Attorney Dr. Christina Schmidt advises and supports you in asserting or defending claims for post-marital maintenance.
4. Maintenance between Unmarried Persons
Even unmarried parents can be mutually obligated to provide maintenance. For example, a mother who cannot be expected to work due to caring for or raising a child can demand maintenance from the biological father for three years after birth. If the father cares for the child, he has this claim against the mother.
Maintenance for the child is independent of this and follows the same rules as maintenance for marital children.
Attorney Dr. Christina Schmidt also advises unmarried parents on all maintenance questions.
5. Parental Maintenance
Since relatives in direct line are mutually obligated to provide maintenance, parents can also have maintenance claims against their adult children. This question often arises when parents require care.
If a parent must go to a nursing home, the costs are often so high that pension and long-term care insurance do not cover them. Although social welfare steps in, its providers often demand the money back from the children.
Whether children must pay for their parents depends on their income and assets. In this case, too, there is a self-retention. It amounts to 1,800 euros.
Dr. Christina Schmidt examines for you whether you actually have to pay for your parents' living expenses and how you can defend yourself against demands from the social welfare office.
Note: If a person obligated to pay maintenance must support multiple persons, maintenance for minor children always takes priority over all other types of maintenance!
Dr. Christina Schmidt is an expert in maintenance law and advises you in her law office in Munich's Maximilianstraße on all types of maintenance and questions of maintenance calculation. She enforces your maintenance claims for you.
If maintenance is unjustly demanded from you, Ms. Dr. Schmidt will help you successfully defend against it. Attorney Schmidt represents you not only before the Munich Local Court, but also before other family courts.
