Calculation and enforcement of child and spousal maintenance
Maintenance secures the living needs of children and spouses after a separation. Its calculation depends on numerous details – from adjusted income and need to the ability to pay. We calculate claims carefully and enforce them on your behalf or review claims made against you.
The key points at a glance
Child maintenance
Parents are obliged to maintain their children as relatives in the direct line (§§ 1601 ff. BGB). The parent with whom the child lives generally fulfils this obligation by providing care, the other by making payments. The Düsseldorf Table and, in Bavaria, the Southern German Guidelines (SüdL, current version, in German) serve as a guide to the amount. Child benefit is credited proportionately.
Separation and post-divorce maintenance
During separation, a spouse may claim maintenance based on the marital living standard (§ 1361 BGB). After divorce, the principle of self-sufficiency applies. Post-divorce maintenance is available only on specific grounds, for example childcare, age, illness or unemployment. Claims may be reduced in amount or limited in time.
Disclosure and ability to pay
The parties liable for and entitled to maintenance are obliged to provide each other with information on income and assets. The decisive figure is adjusted net income. The paying party must retain an appropriate personal allowance. There is a heightened duty to work in relation to minor children.
Maintenance for past periods
Maintenance for past periods can generally only be claimed from the date on which the paying party was asked to provide information, was put in default, or the claim became pending in court (§ 1613 BGB). Requesting information or payment at an early stage is therefore important.
How we proceed
We request the necessary evidence of income and assets, thereby also securing your claims for past periods. We review your own documents for items relevant to maintenance.
On this basis, we prepare a transparent maintenance calculation and explain the key assumptions and areas of discretion.
We negotiate an agreement with the other party, which can also be recorded in an enforceable instrument. If this is not successful, we assert the claim before the family court or defend you against unjustified claims.
Frequently asked questions
Is the Düsseldorf Table binding?
The Düsseldorf Table is not a statute but a guideline used by the courts. It provides orientation for standard cases. In individual cases, upward or downward adjustments may be appropriate.
How long is child maintenance paid?
The obligation to pay maintenance does not end automatically when the child comes of age. As long as the child is in appropriate schooling or vocational training, it generally continues. From the age of majority, both parents are liable to pay cash maintenance in proportion to their income.
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