Deductible (maintenance)
In maintenance law, the person liable for maintenance is granted a deductible in order to have enough money available for their own life.
Germany
→ Review article: Maintenance (Germany)
The amount of the maintenance and the deductible is to be determined by the courts if the parties do not agree. In order to enable a uniform jurisprudence, issues in each State , a Court of Appeal guidelines for maintenance law. The Düsseldorf Higher Regional Court is leading the way. It regularly publishes the updated Düsseldorf table , which many higher regional courts use as a guide. The amount of the deductibles stipulated here varies only slightly between the higher regional courts.
Deductibles according to the Düsseldorf table
| Period | vs. privileged child |
vs. separated or divorced spouse |
vs. Parent born out of wedlock |
vs. non- privileged child |
vs. Parents or previously economically independent child |
vs. Parents for Spouse |
source |
|---|---|---|---|---|---|---|---|
| 07/01/1998 - 06/30/2001 | 1,300 DM 1,500 DM |
1,800 DM | 1,800 DM | 2,250 DM | |||
| 07/01/2001 - 12/31/2001 | 1,425 DM 1,640 DM |
1,960 DM | 1,960 DM | 2,450 DM | |||
| 01/01/2002 - 06/30/2005 | 730 € 840 € |
€ 1,000 | € 1,000 | € 1,250 | € 950 | ||
| 07/01/2005 - 06/30/2007 | 770 € 890 € |
935 € 995 € |
€ 1,100 | € 1,400 | € 1,050 | ||
| 07/01/2007 - 12/31/2010 | 770 € 900 € |
€ 1,000 | € 1,100 | € 1,400 | € 1,050 | ||
| 01/01/2011 - 12/31/2012 | € 770 € 950 |
€ 1,050 | € 1,150 | € 1,500 | € 1,200 | ||
| 01/01/2013 - | 800 € 1000 € |
€ 1,100 | € 1,200 | € 1,600 | € 1,280 | ||
| 01/01/2020 - | 960 € 1160 € |
€ 1,180 | € 1,280 | € 1,600 | € 1,280 | ||
Explanations
For underage children, a small or necessary deductible is granted, as they are not granted any ability to support themselves. If an adult child has not yet acquired a position in life (living with their parents, in training), only the small deductible is also granted. Most of the higher regional courts also differentiate whether the person liable for maintenance is gainfully employed or not.
The large deductible (also appropriate deductible ) can be granted to privileged children of full age. Although the amount has to be above the small deductible, it is not specified further, as it is determined by court order according to the circumstances.
According to a ruling by the Federal Court of Justice (BGH), the deductible corresponds to a child who was already economically independent; that with parental support. Guiding principle of the BGH: “It is not objectionable to leave a parent with a reasonable deductible to the maintenance claim of their adult child who has already lost their economic independence, as provided in the tables and guidelines for parental maintenance under maintenance law. "
According to the most recent rulings of the BGH, a marriage-appropriate deductible or a marriage-appropriate “cheaper” deductible must be applied to the spouses (living separately or divorced). This is set inconsistently by the higher regional courts to values between the necessary and the appropriate deductible. As an exception, only a special need of an ex-partner - similar to that of a minor child - can function. The latest ruling by the Federal Court of Justice in this matter is from 2006.
Individual height
Although the maintenance guidelines stipulate certain rates of the deductible, this amount can be changed by a court order.
The reasons for an increase are e.g. B. viewed an unavoidable high rental burden. A reduction in the deductible is considered if the person liable for maintenance lives with a new partner or can save expenses in other ways. The Federal Court of Justice pointed out that the person liable for maintenance “saves costs for the apartment or the general way of life and therefore has to be referred to a lower need - within the framework of his community of needs - under social welfare law”. The decisive factor here is “whether the maintenance debtor lives more cheaply because of the synergy effect and can maintain his standard of living with fewer resources than a maintenance debtor living alone”.
Actual height
If a person liable for maintenance cannot provide the minimum maintenance for their underage children, the small deductible can be fallen below. In this case, the actual deductible is determined individually by the courts. It is usually just above the cost of adequate living space plus the standard benefit in accordance with the standard rate ordinance .
If a person liable for maintenance who receives unemployment benefit II receives more than the standard benefit, he is also obliged to pay child support determined by a court.
Individual evidence
- ↑ a b BGH, judgment of January 18, 2012 , Az. XII ZR 15/10, full text.
- ↑ FamRZ Düsseldorfer table July 1, 1999 ( Memento of the original from January 8, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ FamRZ Düsseldorfer table July 1, 1998
- ↑ FamRZ Düsseldorfer table July 1, 2001 ( Memento of the original from March 15, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ FamRZ Düsseldorfer table January 1st, 2002 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Düsseldorf Higher Regional Court: Düsseldorf table July 1, 2005 ( Memento of the original from April 17, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 134 kB)
- ↑ Düsseldorf Higher Regional Court: Düsseldorf table January 1, 2010 ( Memento of the original from March 19, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 42 kB)
- ↑ Düsseldorf Higher Regional Court: Düsseldorf table January 1, 2009 ( Memento of the original from January 23, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 47 kB)
- ↑ Düsseldorf Higher Regional Court: Düsseldorf table January 1, 2008 ( memento of the original from June 26, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 48 kB)
- ↑ Düsseldorf Higher Regional Court: Düsseldorf table July 1, 2007 ( Memento of the original from January 23, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 35 kB)
- ↑ Düsseldorf Higher Regional Court: Düsseldorf table January 1, 2011 ( Memento of the original from December 7, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 43 kB)
- ↑ Düsseldorf Higher Regional Court: Düsseldorf table January 1, 2013 ( Memento of the original from January 23, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 44 kB)
- ↑ Düsseldorf Higher Regional Court: Düsseldorf table January 1, 2020 ( Memento of the original from January 23, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 44 kB)
- ↑ BGH, judgment of January 18, 2012, Az. XII ZR 15/10. Federal Court of Justice, January 18, 2012, accessed on February 17, 2012 .
- ^ BGH, judgment of March 15, 2006 , Az.XII ZR 30/04, full text.
- ↑ a b BGH, judgment of January 9, 2008 , Az. XII ZR 170/05, full text.
- ↑ Hartz IV recipients have to pay child support. t-online.de, March 18, 2009, accessed December 14, 2010 .
- ↑ BSG, judgment of July 30, 2008 , Az. B 14 AS 43/07 R, full text.
- ↑ Maintenance: Hartz IV recipients also have to pay! (No longer available online.) Bafoeg-aktuell.de, March 19, 2009, archived from the original on December 21, 2010 ; Retrieved December 14, 2010 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
