{"id":33,"date":"2025-01-16T16:01:03","date_gmt":"2025-01-16T16:01:03","guid":{"rendered":"https:\/\/kanzlei-drschmidt.de\/?p=33"},"modified":"2026-03-31T20:56:35","modified_gmt":"2026-03-31T20:56:35","slug":"unterhaltsrecht","status":"publish","type":"post","link":"https:\/\/kanzlei-drschmidt.de\/en\/unterhaltsrecht\/","title":{"rendered":"MAINTENANCE LAW"},"content":{"rendered":"

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<\/a>.<\/p>\n\n\n\n

<\/a>1. Child Maintenance<\/h2>\n\n\n\n

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<\/strong>\"). The other is then obliged to pay so-called cash maintenance, i.e., a monetary payment.<\/p>\n\n\n\n

How much child maintenance must be paid is determined by the nationally recognized D\u00fcsseldorf Table<\/a>. 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 D\u00fcsseldorf Table is a guideline developed by the Higher Regional Court of D\u00fcsseldorf that is regularly updated. The family law senates of the Southern German Higher Regional Courts additionally use diverging guidelines<\/a>.<\/p>\n\n\n\n

The D\u00fcsseldorf 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Tip:<\/strong> 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.<\/p>\n\n\n\n

The maintenance calculation becomes particularly complex when parents have chosen the so-called alternating residence model<\/strong> . 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

<\/a>2. Separation Maintenance<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

The background is that \u2013 as long as a couple is not divorced \u2013 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Important to know:<\/strong> In individual cases, separation maintenance may be limited or excluded due to so-called gross inequity<\/strong> 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

<\/a>3. Post-Marital Maintenance<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

The law distinguishes the following grounds for maintenance, each of which must exist at the time of divorce:<\/p>\n\n\n\n