Child Support in Germany: Entitlement and Calculation

In Germany, both parents are legally obliged to support their child. After a separation, the parent the child does not mainly live with usually pays child support in cash. This follows from the general rule that relatives in a direct line of descent must support one another (Section 1601 of the German Civil Code, Bürgerliches Gesetzbuch or BGB). What matters is legal rather than biological parenthood. On the father’s side, legal paternity may need to be established separately, for example through a formal acknowledgment of paternity or a court decision.

A child is entitled to child support for as long as they cannot support themselves (Section 1602 BGB). This is generally the case while the child is a minor and has not yet completed their education or training. The entitlement can continue after the child turns 18, for example while they pursue a course of training or study with reasonable commitment. Minor children are therefore entitled to child support, and so are adult children who are unmarried and still in school or training.

Parents are liable in proportion to their income and assets (Section 1606(3) BGB). Once they separate, the parent the child does not mainly live with is usually obliged to pay cash support (Barunterhalt). The parent who cares for a minor child generally meets their share through that care and upbringing, known as support in kind (Naturalunterhalt). Once the child reaches adulthood, both parents generally owe cash support in proportion to their income and assets. If a child has a disability, the paying parent may also have to cover recurring additional needs (Mehrbedarf) or one-off special needs (Sonderbedarf), which are calculated individually.

The care arrangement has a direct effect on child support. Where the child lives mainly with one parent (known in Germany as the Residenzmodell), the other parent pays cash support. Under shared care (Wechselmodell), both parents look after the child roughly equally, and both are generally liable for cash support in proportion to their incomes. The contact arrangements between the parents and the child (Umgangsrecht) can also affect the calculation. Because these factors interact, we recommend taking legal advice on your care arrangement before agreeing on an amount.

There is no fixed amount of child support in Germany. It depends mainly on the paying parent’s income and the child’s age, and in practice it is calculated using the Düsseldorf Table (Düsseldorfer Tabelle). The table is not a statute. It is a set of guidelines recognized by the Higher Regional Courts (Oberlandesgerichte), and while it does not bind the courts, they rely on it in almost every case.

The starting point is the statutory minimum level of child support, set out in Section 1612a BGB and based on the minimum amount a child needs to live on, as defined for tax purposes. The Federal Ministry of Justice (Bundesministerium der Justiz) sets the exact amount by regulation every two years (Section 1612a(4) BGB), based on the federal government’s report on the minimum subsistence level (Existenzminimumbericht). The table sorts children into three age brackets (0 to 5, 6 to 11, and 12 to 17), with a separate bracket for adult children who still live with a parent. Within each bracket, the amount rises in steps according to the paying parent’s income.

An adult child who already lives in their own apartment is assigned a fixed monthly amount under the table, regardless of the parents’ income. Part of this amount is intended to cover rent and heating. It can be set higher if the parents’ standard of living or the child’s particular needs justify it.

The Higher Regional Court of Düsseldorf adjusts the table regularly and publishes the current Düsseldorf Table (in German) on its website. In our experience at Schlun & Elseven Rechtsanwälte, claims for past periods are often calculated using the wrong version of the table. We always check this when we calculate child support.

In Germany, the state pays a monthly child benefit (Kindergeld) for each child through the family benefits office (Familienkasse), usually to the parent the child lives with. Because this benefit already covers part of the child’s needs, it reduces the amount shown in the Düsseldorf Table (Section 1612b BGB). If one parent meets their obligation by caring for the child, which is usually the case with minors, half of the child benefit is deducted. In all other cases, typically adult children, the full amount is deducted. As a result, the amount the paying parent actually transfers each month is lower than the figure in the table.

A parent who owes child support must, on request, disclose their income and assets to the extent this is needed to establish the claim, and must provide supporting documents such as statements from their employer (Section 1605 BGB). The request is usually made on the child’s behalf by the parent the child lives with. A new request can generally only be made after two years, unless there is credible evidence that the paying parent has since gained a substantially higher income or further assets. Making the request also matters for back payments, because it marks the point from which support for past periods can be claimed (Section 1613 BGB).

A parent only has to pay child support if they still have enough left to cover their own reasonable living costs (Section 1603 BGB). The amount they are allowed to keep is known as the self-retention amount (Selbstbehalt).

Toward minor children and privileged adult children, however, the paying parent has a heightened duty to earn an income (gesteigerte Erwerbsobliegenheit). Privileged adult children are those who are unmarried, under 21, living with a parent, and still in general school education (Section 1603(2) BGB). Where money is tight, parents must share all available means equally between themselves and these children. If the paying parent’s income is not enough to cover the child’s minimum support, they must make every reasonable effort to earn more. This can include taking on a second job, or accepting work below their level of training if they cannot find a position in their own profession.

The Düsseldorf Table sets out the self-retention amounts, and they follow the same logic. The lowest amount applies toward minor children and privileged adult children, because their claim takes priority. Within this tier, a parent in employment may keep slightly more than a parent who is not employed. Toward other adult children, the paying parent may keep a noticeably higher amount. Whether a higher self-retention amount is appropriate in an individual case depends on the circumstances.

A parent is only liable to the extent that they can pay without endangering their own reasonable support (Section 1603(1) BGB), so a lasting fall in income can reduce the amount owed. Toward minor children, however, the heightened duty to earn applies, and the paying parent is expected to make every reasonable effort to find new work before a lower amount is accepted. An existing court decision, settlement, or youth welfare office certificate does not change automatically. Either side can apply to have it amended if circumstances have changed substantially (Section 238 and Section 239 of the Act on Proceedings in Family Matters, FamFG). A reduction can generally take effect from the month after the paying parent asked the other side for information or for a waiver, but not for more than one year before the application to the court. Until then, the existing order remains enforceable.

Many child support disputes become more difficult than necessary because of a small number of avoidable errors, most of them related to timing or calculation.

Waiting too long to ask for information is the most costly. Because back payments can generally only be claimed from the month in which the paying parent was asked to disclose their income and assets, a delay can mean support that is lost for good (Section 1613 BGB).

Another frequent problem is calculating with the wrong figures. The Düsseldorf Table changes regularly and the child benefit deduction is easy to overlook, so a figure taken from an older table or an online calculator can be wrong in either direction.

Informal agreements cause difficulties of their own. An arrangement that is not recorded in an enforceable document leaves the child without a quick way to recover unpaid support, which becomes particularly difficult if the paying parent later moves abroad. A youth welfare office certificate or a court decision avoids this.

Parents with a shared-care arrangement also often assume that no child support is owed at all. Where both parents care for the child, both are generally liable for cash support in proportion to their incomes, so the parent with the higher income may still have to pay.

At Schlun & Elseven Rechtsanwälte, our family lawyers calculate child support claims and obligations, review and adjust existing agreements, and represent parents in negotiations, in court, and in enforcement proceedings, both in Germany and abroad.

If the other parent does not pay, you can apply to the youth welfare office (Jugendamt) for advance child support payments, ask it to pursue the claim on your child’s behalf, or enforce an existing order through the courts. Which route is right depends on whether the child support has already been formally set out in an enforceable document (Unterhaltstitel), such as a court decision or a certificate issued by the youth welfare office.

Advance child support payments (Unterhaltsvorschuss) are paid by the state to children who live in Germany with a single, divorced, widowed, or permanently separated parent and do not receive regular child support from the other parent (Section 1 of the Advance Maintenance Payments Act, Unterhaltsvorschussgesetz or UVG). Additional conditions apply for older children. No payments are made if the parent the child lives with lives with the other parent again, or refuses to provide the required information or help establish paternity. The state then seeks to recover the money from the parent who owes it.

For families without EU freedom of movement rights, eligibility depends on residence status. The child or the parent must hold a qualifying residence title, such as a permanent residence permit (Niederlassungserlaubnis), an EU long-term residence permit, an EU Blue Card, or a residence permit that allows employment for at least six months. Permits issued for vocational training are excluded. Permits issued for study or job seeking qualify only if the parent is working or receiving certain benefits.

On written application by a parent, the youth welfare office can also act as the child’s official representative (Beistandschaft, Section 1712 BGB) to establish paternity and pursue child support claims, including unpaid amounts. A parent with sole custody can apply, or, with joint custody, the parent the child lives with (Section 1713 BGB). An expectant mother can apply before the child is born. The youth welfare office can also record the paying parent’s obligation in a certificate (Jugendamtsurkunde), which can be enforced like a court decision.

Timing matters for back payments. Child support for past periods can generally only be claimed from the point at which the paying parent was asked to disclose their income and assets for the purpose of a claim, was formally put on notice of the debt, or court proceedings were brought (Section 1613 BGB). Support is then owed from the first day of the month in which that happened, so sending the request promptly protects the child’s claim. If you are unsure whether the other parent has already been asked for this information, our family lawyers can check the position and send the request for you, so that no further months are lost.

Once an enforceable document exists, unpaid child support can be recovered through enforcement measures such as wage garnishment. Evading a statutory support obligation can also be a criminal offense if it puts the child’s basic needs at risk, or would do so without help from others. It is punishable by a fine or a prison sentence (Section 170 of the German Criminal Code, Strafgesetzbuch or StGB).

Child support can be claimed and enforced across borders under the EU Maintenance Regulation and international agreements, with the Federal Office of Justice (Bundesamt für Justiz) acting as Germany’s central contact point. Our family lawyers regularly handle these cases as part of our international family law practice.

To enforce a German child support order abroad, you apply through your local court, which passes the case on to the Federal Office of Justice. The process has four steps:

1. Obtain an enforceable document, such as a court decision or a youth welfare office certificate in which the paying parent has acknowledged the obligation.
2. Submit it to the local court (Amtsgericht) responsible for your place of residence.
3. The court checks the documents and forwards the application to the Federal Office of Justice.
4. The Federal Office of Justice, acting as Germany’s Central Authority, deals with the relevant authorities in the other country.

If the paying parent’s whereabouts or financial situation are unknown, the Central Authority can be asked to trace them and to obtain information about their income and assets.

Which legal framework applies depends on the country where the paying parent lives.

Formal reciprocity (förmliche Gegenseitigkeit) means that Germany and the other country have agreed to enforce each other’s support claims. The Federal Ministry of Justice confirms each arrangement by official notice, and the Federal Office of Justice keeps the current list.

Within the EU, parents also cannot agree among themselves which country’s courts will decide child support for a child under 18 (Article 4(3) of the EU Maintenance Regulation). This matters when drafting a separation agreement.

If the child lives abroad while the paying parent lives in Germany, the applicable law is determined by the 2007 Hague Protocol on the Law Applicable to Maintenance Obligations. As a rule, this means the law of the country where the child is habitually resident.

The cost of living abroad often differs considerably from Germany, so the income used for the calculation is adjusted accordingly. Within the EU, the conversion uses figures from the Statistical Office of the European Union (Eurostat) that compare consumer price levels between countries. Outside the EU, the net income is scaled down if living costs are higher than in Germany and scaled up if they are lower. The adjusted income is then placed in the relevant group of the Düsseldorf Table.

A child support order from another country can generally be recognized and enforced against a parent living in Germany. Orders from EU Member States bound by the 2007 Hague Protocol, which covers most of the EU, are recognized automatically and can be enforced without a separate declaration of enforceability (Article 17 of the EU Maintenance Regulation). For orders from other countries, a separate procedure applies under the Foreign Maintenance Act or the relevant international agreement. If you are the paying parent and the order comes from an EU Member State bound by the Protocol, its recognition cannot be opposed, so it is worth taking legal advice as soon as you learn of the order.

Our family law team at Schlun & Elseven Rechtsanwälte supports these proceedings from start to finish, from identifying the right international agreement to obtaining and enforcing an order abroad. Our German family lawyers can assess your child support situation and advise you on the next steps. We advise clients in person at our offices in Cologne, Düsseldorf, and Aachen, and throughout Germany and internationally by video call, phone, and email. All advice is confidential and given in English, and we explain the expected costs at the outset so that you can decide on your next steps with a clear picture.