Alimentation for Children

Both parents are obliged to support their child. If the parents are separated, the parent with whom the child is living (mostly the mother) fulfills the obligation to support by care and education while the father is obliged to support his child The basis for the calculation is the income of the parent who is liable for financial support and the age of the child.

Advance Child Maintenance Payment

Single parents may apply for advance child maintenance pay for a maximum duration of six years within the first 12 years of life of their child if the other parent pays too little or no alimony at all.

There is an exemption of claim in regard to advance child maintenance pay if

• both parents (whether married or not) are living together,
• the single parent remarries,
• the single parent is not willing to cooperate in regard to the declaration of paternity or the whereabouts of the other parent,
• the other parent pays alimony amounting to the sum of the respective standard rate at least.

If the parent who is obliged to support does so with only a low income, he or she is only liable to pay up to the limit of the so-called excess. The excess is the sum, that is granted to the parent liable to support in order to finance his or her own maintenance.

You will find more detailed information at the following departments where the advance child maintenance pay can be applied for, too.

If the advance child maintenance pay is disbursed, the federal state makes an advance payment. The child’s claim of maintenance in regard to the parent liable to support demises to the federal state for this time. In case of unindebted inability to pay, the parent may eventually be exonerated from refunding the advance child maintenance pay. This counts especially for the period of education. There is, however, no explicit regulation, it is a mere matter of opinion.

You will get further information about the legal bases as well as publications concerning this matter at the German homepage of the Federal Ministry for Family, Senior Citizens, Women and Youth: Internetseiten des Bundesministeriums für Familie, Senioren, Frauen und Jugend.