After a separation, the question of how much maintenance has to be paid for the children comes up quickly. The calculation follows fixed rules but depends on several variables. Even small mistakes in determining income lead to noticeably wrong amounts.
Who pays maintenance?
If a minor child lives with one parent, that parent generally fulfils their maintenance obligation by caring for and raising the child. The other parent pays cash maintenance (Section 1606(3) German Civil Code, BGB). In a genuine shared parenting arrangement (Wechselmodell), where the child spends roughly equal time with both parents, special calculation rules apply.
The Düsseldorf Table
In practice, the calculation is based on the Düsseldorf Table (Düsseldorfer Tabelle), supplemented by the guidelines of the relevant Higher Regional Court; for the district of Böblingen these are the Southern German Guidelines (Süddeutsche Leitlinien). The table determines the child's needs according to two criteria:
• the adjusted net income of the parent liable to pay, divided into income brackets
• the age of the child, divided into four age groups (0–5, 6–11, 12–17 and 18 and over)
The amounts are adjusted regularly, usually on 1 January. The current version always applies.
Adjusted net income
Work-related expenses, certain debts and pension contributions, among other things, are deducted from net income. Conversely, items such as a Christmas bonus, tax refunds or the benefit of living rent-free count as income. If the paying parent owes maintenance to several people, a lower income bracket may be applied.
Child benefit and personal allowance
For minor children, half of the child benefit (Kindergeld) is credited against the table amount (Section 1612b BGB); the remainder is the amount actually payable (Zahlbetrag). In addition, the paying parent must be left with a personal allowance (Selbstbehalt) to cover their own living costs. Towards minor children, this allowance is set particularly low, because parents must use all available means (Section 1603(2) BGB).
Adult children
At 18 the calculation changes: as a rule, both parents are then liable for cash maintenance in proportion to their incomes, and child benefit is credited in full against the child's needs. For students living in their own household, the Düsseldorf Table sets a standard flat-rate amount, which may be departed from in individual cases.
Claiming maintenance in good time
Maintenance for the past can generally only be claimed from the date on which the paying parent was asked to provide information about their income or was put in default (Section 1613 BGB). A written request for information should therefore be made early. If the paying parent acknowledges the obligation, it can be recorded free of charge at the youth welfare office (Jugendamt) for a child under 21. A deed drawn up accordingly can be enforced directly.