Child Support in Germany

As is often the case, the individual circumstances determine the individual assessment during child maintenance cases in Germany. The following section presents three relevant groups of cases relating to child maintenance:

• Domestic cases (Scenario “A”)
• Cases in which a parent is abroad while the child lives in Germany (Scenario “B”),
• In cases where the child has moved to another country but the parent continues to live in Germany (Scenario “C”).

According to German law, relatives in a straight line are generally obliged to pay maintenance, § 1601 BGB. This requirement refers, in particular, to parents. Not only biological parenthood but, above all, legal parenthood is decisive here. This “legal parenthood” may need to be determined separately, especially on the father’s side. The child has a right to maintenance as long as it is in need, § 1602 BGB. This need is usually the case if the child is still a minor and has not completed their education. Even if they have reached the age of majority, there may still be a need, for example, if the child is in education.

In principle, both parents are responsible for maintenance on a pro-rata basis, § 1606 para. 3 p. 1 BGB. However, if the parents are separated, the parent with whom the child does not predominantly live is liable for maintenance, § 1606 para. 3 p. 2 BGB. This requirement arises from the “natural maintenance” being credited to the parent providing care. This “natural maintenance” includes, for example, the provision of clothing, food and pocket money. These costs arise when the child lives permanently or predominantly in the household.

If your minor child has a disability, there may be claims for further maintenance payments to cover their additional or special needs. These are calculated and determined on an individual basis. If the child is already of legal age, they are obliged to contribute to their own maintenance as far as possible.

The maintenance amount depends on the parent’s income, the child’s age and the number of children for whom maintenance is to be paid. The child’s minimum needs are set out in § 1612a of the German Civil Code (BGB) and are based on the tax-free material minimum subsistence level of a minor child. This minimum requirement follows the tax-free amount of the applicable subsistence level. The federal government determines this every two years in the minimum subsistence level report. In addition, the maintenance depends on age. There are three age groups, with the need increasing with age.

• Group: 0 – 5 years
• Group: 6 – 11 years
• Group: 12 – 17 years.

The child support amount set by the Minimum Maintenance Regulation for all three age groups is the starting point for the ‘Düsseldorf Table‘.

This divides the maintenance debtor’s disposable income into fifteen income groups and also provides for a need for children aged 18 and over who still live with their parents. If the adult child already lives in their own apartment, their needs, according to the Düsseldorf Table (since 1 January 2023), are €930 – regardless of their parent’s income. The Düsseldorf Table is generally understood as a guideline only and, therefore, not binding on the courts.

The maintenance debtor can only be obliged to pay an amount that still allows them to leave sufficient funds for their own adequate maintenance, § 1603 BGB. However, they must always pay for the child’s minimum needs. If they are unable to do so, they have an increased maintenance obligation. This means stricter requirements are placed on the obligation to earn a sufficient income. The person obliged to pay maintenance must, therefore, do everything possible and reasonable to cover the minimum needs. This may mean that he has to take on secondary employment or a job below their level of education if he is still looking for a job in their trained profession.

The difficulty with such constellations relating to child maintenance lies in enforcing the German title abroad. To make this easier, almost all countries in the world have decided to cooperate in matters of maintenance. There are a number of treaties for this purpose, which are relevant depending on the state concerned. Not all states have signed all the relevant treaties.

The following agreements currently exist:

• EC Maintenance Regulation: With the exception of Denmark, the EC Maintenance Regulation applies if the maintenance debtor is resident in one of the 27 European Member States. The EC Maintenance Regulation also applies in Denmark (based on the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). However, Denmark does not apply all of its provisions, particularly concerning applicable law and cooperation between central authorities.
• Hague Maintenance Convention 2007: To improve cooperation between states in the international recovery of child support and other forms of family maintenance, the Hague Maintenance Convention 2007 (HC 2007) entered into force on 1 August 2014 for the Member States of the European Union (with the exception of Denmark). To enforce maintenance claims worldwide, the 2007 Hague Convention – similar to the EU Maintenance Regulation – establishes a network of central authorities in the EU Member States for the respective contracting states of the Convention. Since the EU Maintenance Regulation takes precedence for the European Member States, the 2007 Hague Convention is particularly relevant concerning non-EU states. The current Contracting States to the 2007 Hague Convention are as follows.
• UN Convention 1956: Since the entry into force of the EC Maintenance Regulation, the UN Maintenance Convention has only been used in cases where the claimant or the defendant is not habitually resident in one of the 27 EU Member States. The Convention currently has 65 contracting states and applies to maintenance obligations that are based on statutory provisions. The assertion of claims for maintenance advances under the Maintenance Advance Act or other social benefits by a state agency is generally not possible under the UN Maintenance Convention.
• Procedure in the case of formal reciprocity: Formal reciprocity means that maintenance claims can be asserted in these countries because Germany has reciprocally also provided a guarantee in these countries. This principle applies in states in which no international agreements whatsoever apply. These currently include Canada, with the exception of the province of Quebec, and South Africa.

In such cases, the central authority can be asked to use the relevant registry to determine the debtor’s whereabouts. A similar approach can be taken to obtain information about the debtor’s financial situation. In both cases, the central authority will take action.

In foreign countries, the standard of living is often not comparable to that in Germany. Consequently, the circumstances under which the amount of maintenance is determined also change. In such cases, the income must be adjusted accordingly.

The conversion is carried out by the Statistical Office of the European Union within the member states. For this purpose, they use the ‘comparable price levels of final consumption of private households’ determined by the Office.

Outside the EU, the cost of living must be determined based on other comparative figures. If the cost of living is higher than in Germany, the net income must be adjusted to German conditions. Insofar as child support is concerned, the adjustment is then made per the Düsseldorf table. The minimum maintenance must be paid. If the standard of living abroad is lower, the net income must be set higher.

If the child lives abroad, the claim is either governed by the law of the country in which the child has their habitual residence (step 1) or, in exceptional cases, by German law (step 2).

The applicable law abroad is determined in this case according to the Hague Protocol on Maintenance. According to this, the basic rule is that the law of the country in which the entitled person of a maintenance claim has their habitual residence is to be applied. However, exceptions may apply to certain groups of people. Whenever the law of the child’s habitual residence does not regulate a maintenance claim, the law of the place of residence of the person obliged to pay maintenance, in this case, Germany, may become applicable.

Child support cases can often be particularly complex due to a variety of legal and personal factors. Sound legal support ensures that all claims and obligations are properly considered to achieve long-term, sustainable solutions for all parties involved.