Maintenance advance

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

In Germany, which is on maintenance payments under the UVG (UhVorschG) a benefit for children under 18, which was first introduced in the 1980th The amount of the advance maintenance payment is lower than that of the child maintenance according to the Düsseldorf table.

claim

Children of single mothers or fathers are entitled if the other parent pays no maintenance contribution or a maintenance contribution that is below the maintenance advance rate, i.e. the minimum maintenance is not guaranteed after the child benefit has been taken into account . There is no entitlement to an advance maintenance payment if the applicant parent is remarried. If the other parent dies, the orphan's pension is deemed to be maintenance paid by that parent. According to Section 1, Paragraph 1, No. 1 of the UhVorschG, the entitlement exists until the age of 12. Since July 1, 2017, the payment has been extended up to the age of 18 if the child does not receive any benefits under SGB ​​II or the parent with whom the child lives has a monthly income of at least 600 euros (excluding child benefit ).

height

The following amounts are effectively paid out by the maintenance advance funds , which are special offices of the municipal youth welfare offices , whereby nominally higher amounts are granted, but these are partially offset against the child benefit:

year children
up to 5 years from 6 to 11 years from 12 to 17 years
2008 125 euros 168 euros -
2009 117 euros 158 euros -
01/2010 - 06/2015 133 euros 180 euros -
since 07/2015 144 euros 192 euros -
since 01/2016 145 euros 194 euros -
since 01/2017 150 euros 201 euros -
from 07/2017 150 euros 201 euros 268 euros (*)
from 01/2018 154 euros 205 euros 273 euros (*)
from 01/2019 160 euros 212 euros 282 euros (*)
from 07/2019 150 euros 202 euros 272 euros (*)
from 01/2020 165 euros 220 euros 293 euros (*)
from 01/2021 159 euros 215 euros 289 euros (*)

(*) The prerequisite is that the child does not receive any SGB ​​II benefits or will no longer be dependent on SGB ​​II benefits with the help of the advance maintenance payment or that the single parent has a gross monthly income (excluding child benefit ) of at least 600 euros.

The amount of the maintenance advance is generally regulated directly in § 2 UhVorschG. Insofar as a higher minimum amount results from § 1612a Paragraph 1 Clause 3 No. 1 or 2 BGB, this is paid as a maintenance advance. Deviating from this, the amount of the maintenance advance in 2015 results from Section 11a UhVorschG.

regress

The other parent can be called upon to recourse if they breach their maintenance obligations . In addition, the child's maintenance claims in the amount of the maintenance advance paid are transferred to the state or the municipality as the social benefit provider behind the maintenance advance funds in accordance with Section 7 (1) sentence 1 UhVorschG, which can then claim maintenance from the other parent instead of the child. According to a statement by the federal government, an average of 17 to 20 percent of the maintenance debtors in Germany were recovered from recourse between 2005 and 2010. The pursuit of the repayment claim to the maintenance advance funds is suspended as long as the maintenance debtor receives benefits in accordance with SGB II ( § 7a UhVorschG).

criticism

The maximum payment period of 72 months for the advance maintenance payment and the limitation to children under twelve years of age, which was valid until June 30, 2017, led, in the opinion of critics, to an unequal treatment of children and was therefore assessed as "highly problematic under equality law".

If one parent receives benefits according to SGB II (unemployment benefit 2 / Hartz IV), there is a fundamental obligation to apply for an advance maintenance payment, because advance maintenance has priority over benefits according to SGB II. If the eligibility requirements for the granting of advance maintenance are met and if the advance maintenance payment is made, is it will be fully offset against the SGB II benefits. The parent's income situation does not change. The same applies to recipients of child allowance. Since the advance maintenance payment is offset in full against the child allowance, single parents may even be worse off.

Historical

Up until the end of 2007, the amount of the advance maintenance payment was based on the standard rates of the Ordinance on Standard Amounts , whereby half of the child benefit paid to the parent bringing up the child was offset. The nominal minimum maintenance benefit was lower, but the child benefit was not fully taken into account either, so that as a result the maintenance advances paid in the old federal states were the same in 2007 and 2008. Children in the new federal states received less up to and including 2007, for example in 2007 in the new federal states only 109 and 149 euros were actually paid.

A reform of the Advance Maintenance Act 2017 came into force on August 17, 2017, with retroactive effect from July 1, 2017 ( Art. 25 of the Act). It brings extended entitlement to benefits (now for children up to 18) and duration of benefits (longer than 6 years). Since then, the youth welfare offices have been allowed to process applications according to the new law. The application deadline for payments from July 1, 2017 has been extended to the end of September.

See also

Individual evidence

  1. ↑ https://www.bmfsfj.de/bmfsfj/themen/familie/familiendienstleistungen/unterhaltsvor schuss/unterhaltsvor schuss/ 73558
  2. ↑ http://www.berit-sander.de/2019/unterhaltsvor schuss-ab-01-juli-2019 /
  3. ↑ http://www.bmfsfj.de/BMFSFJ/familie,did=34088.html
  4. ↑ German Bundestag: Federal Government's response from October 19, 2011 (PDF; 123 kB)
  5. ↑ Bertelsmann study: Single parents are systematically disadvantaged. Stern, March 10, 2014, accessed March 14, 2016 .
  6. ↑ Reform of the Advance Maintenance Act: What do single parents get out of it (so far)? VAMV - Information for Parent Families No. 1/2018.
  7. ↑ Synopsis of all changes to the Advance Maintenance Act on January 1st, 2008
  8. ↑ Maintenance advance reform 2017 comes into effect retrospectively from 1.7. in force. August 22, 2017. Retrieved September 17, 2017 .
  9. ↑ Process flow of the legislative procedure in the documentation and information system for parliamentary processes

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