Child Maintenance Rules and Tables in Germany : New rates in place since 1st January 2020
The Düsseldorf table changed at the turn of the year 2019/20. Based on the increase in minimum maintenance due to the minimum maintenance regulation, the standard rates for child maintenance increase. There is also a change in the maintenance for children of legal age and, for the first time since 2015, the deductible.
As usual at the beginning of the year, the Düsseldorf table, which sets the standard rates for child maintenance and the deductible rates for the person liable for maintenance, is adjusted.
The Increased Child Maintenance
The minimum child support (“Mindesunterhalt”)
- by the end of age six (= 1st level) increases from EUR 354 to EUR 369 per month ;
- from seven to the end of the twelfth year (= 2nd level) from 406 EUR to 424 EUR per month and
- from the age of 13 to the age of majority (= 3rd level) from EUR 476 to EUR 497 per month.
The needs rates (“Bedarfssaetze”) of the 2nd to 10th income group have been increased accordingly.
- they were in the second to fifth income group by 5% each and
- raised by the sixth to tenth income groups by 8% each [1]
Change for children over ag 18 (“Aenderung volljaehrigen Unterhalt)
The requirement rates for adult children who remained unchanged in 2018 and 2019 will also be raised as of 1st January 2020. They are 125 % of the needs of the 2nd age group.
For children over age 18 who study and do not live with their parents, the maintenance is based on the maximum rate under the Federal Education Promotion Act (“Höchstsatz nach dem Bundesausbildungsförderungsgesetz”)
In line with the maximum rate that rose on 1st August 2019, the needs for a student who does not live with his or her parents increases from EUR 735 to EUR 860 (including EUR 375 in rent including utility costs (“Warmmiete”).
Treatment of German child benefit (“Kindergeld”)
According to § 1612b BGB, child benefit is to be counted towards the child’s needs. Half of the child benefit for children under age 18 is counted towards the cash maintenance requirement (for children over 18 it counts 100%).
This time also changes in the own allowance (“Selbstbehalt”)
For the first time since 2015, the own allowance (“Selbstbehalt”) was increased; this is the amount that has to be left to the maintenance debtor so that he can meet his own maintenance needs.
Child Maintenance claims of minors and adult unmarried children up to the age of 21, who still live in the household of the parents or one of the parents and are in general schooling (“allgemeine Schulpflicht”) , the own allowance (“Selbstbehalt”) of the non-employed maintenance creditor is EUR 960 (previously EUR 880) and the employed maintenance creditor EUR 1,160 (previously EUR 1,080).
The necessary allowance (“Selbstbehalt”) includes housing costs (rent including utility costs) of 430 EUR. The allowance can be increased if the housing costs exceed this amount and are not inappropriate.
If the minimum requirement of the dependent child is not affected by this, the allowance will be at least EUR 1,400 instead of EUR 1,300 from 1st January 2020.
Contact
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If you would like more details on this or want to discuss your family law matter, please do not hesitate to contact James, Frank or Evelyn. Paradigm Family Law offers a free initial consultation with a top rated divorce lawyer and our fixed fee solutions cover financial proceedings from start to finish. You can call us on 01904 217225 or email us to [email protected].
