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Alimony for Children/Advance Child Support

Alimony for Children

Both parents are obliged to support their child. If the parents are separated, the parent with whom the child is living (in most cases, the mother) fulfills the obligation to support by care and education while the other parent (most often the father) is obliged to support his child financially (=pay alimony). The basis for calculating the alimony is the income of the parent who is liable for alimony and the age of the child.

Advance Child Support

Single parents may apply for advance child support 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.

Parents are excluded from entitlement for advance child support 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 subsistence rate. The subsistence rate is the sum that is granted to the parent liable to support in order to finance his or her own maintenance/living expenses.

You can find more detailed information at the following authorities where the advance child support can be applied for, too.

If the advance child support is disbursed, the federal state makes an advance payment. The child’s alimony claim against the parent liable for child 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 support. In particular, this is often valid for the times of education. There is, however, no explicit regulation, it is a matter of opinion.

You can find further information on the legal base as well as appropriate publications at the German homepage of the Federal Ministry for Family, Senior Citizens, Women and Youth: Internetseiten des Bundesministeriums für Familie, Senioren, Frauen und Jugend.

 

Contact

Studentenwerk Hannover
Social and International Affairs Dept.

Lodyweg 1 C
30167 Hannover

Phone +49 511 76-88 919
Phone +49 511 76-88 922
Phone +49 511 76-88 935
Fax +49 511 76-88 927

E-mail
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