Child support

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Child maintenance is maintenance , the guardians to their children make.

The obligation of parents, in addition to custody and upbringing, also for the needs of children who cannot look after themselves, is an expression of family solidarity . In general, the maintenance obligation does not only apply to minors or minors , but also beyond that, in times of education and low income . Maintenance is not limited to living in the same household .

National regulations

Germany

Child maintenance (the child's entitlement to a parent) is regulated by law in Germany in §§ 1601 ff. BGB, see in particular § 1612a BGB. For the minimum maintenance of underage children, there is a graduation according to age (up to 6 years of age, 7 to 12 years of age, from 13 years of age). When determining the amount, the child benefit according to § 1612b BGB and other child-related benefits according to § 1612c BGB are taken into account .

Financial maintenance is based on the Minimum Maintenance Ordinance , the amounts of which are adjusted every two years.

Austria

In Austria child maintenance is regulated by law , in particular by § 231 ff AGBG . In principle, both parents are responsible for maintenance. The parent who takes care of the child (care and upbringing) makes their contribution. The other parent who does not live in the same household as the child has to pay maintenance.

The maintenance is “measured” (not calculated) according to the needs and performance principle. The higher the income (average net income) of the person liable for maintenance, the more maintenance is to be paid. Each parent must make every effort to contribute to the child's upkeep according to his or her ability. In the event of a dispute, the guardianship court decides upon application (by the parent with custody on behalf of the child) in the non-dispute procedure. However, the so-called tension principle can also be applied here , according to which the person liable for maintenance has to pay maintenance for the child, which he would be able to provide if his forces were strained - as a conscientious parent. For the maintenance amount, the percentages developed by case law are used for the most part (0 - 6 years: 16%, 6 - 10 years: 18%, 10-15: 20% and from 15 years: 22%). Further duties of care are taken into account through percentage discounts (minus 1% for children <10 years, minus 2% for children> 10 years). The maintenance is capped for children up to 10 years with 2 times and children over 10 years with 2.5 times the standard requirement rate ("luxury limit").

Switzerland

In Switzerland child maintenance is regulated in Art. 285 ZGB . As in Austria, there is a percentage rule with a minimum rate (17% of net income, but at least 250 Swiss francs), as set out in the Zurich tables . In the case of low earners , the specifically calculated net needs of the person liable for maintenance are used to calculate what can be awarded to the child.

The prerequisites for child maintenance are, in principle, an existing child relationship and the minority of the child.

France

In France there is no legal regulation on maintenance, it is judicially determined in the event of a disagreement and is based solely on the ability of the person liable for maintenance. The INSEE index is used as the basis for the annual adjustment of the maintenance amount, which is common in France .

Individual evidence

  1. ↑ Minimum Maintenance Ordinance
  2. ↑ Most recently by the First Ordinance amending the Minimum Maintenance Ordinance for 2018 and 2019.
  3. ↑ Andrea Büchler: Child maintenance. In: Family Law. Chair of Private Law and Comparative Law, University of Zurich, March 27, 2009, accessed on April 19, 2009 .