Comprehensive Guide to Maintenance (Unterhalt) in Germany: How Is It Calculated and What Are the Conditions?
In Germany, maintenance (German: Unterhalt) is one of the most important financial obligations a person may have towards family members or close relatives, particularly in the context of divorce or separation, or when children are in need of support and care. This comprehensive article provides a detailed and structured overview of maintenance under German law, with a focus on the relevant legal provisions, the different types of maintenance, and the way in which they are calculated and claimed.
The term Unterhalt refers to the amount of money a person is legally obliged to pay in order to cover the living expenses of a family member or a close relative who is unable to secure his or her basic needs independently.
This obligation is based on the provisions of German civil law, in particular sections 1601–1615 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). These provisions impose a duty on parents to support their children and, in certain constellations, on children to support their parents.
1. Child maintenance (Kindesunterhalt)
This is the most common form of maintenance. The parent with whom the child does not primarily live (the non-resident or non-custodial parent) is generally obliged to pay regular maintenance to cover the child’s living expenses.
The amount is usually calculated on the basis of the Düsseldorfer Tabelle (Düsseldorf Table), a nationwide guideline that sets minimum maintenance rates depending on income and the number of children.
2. Spousal maintenance (Ehegattenunterhalt)
Spousal maintenance typically arises in the context of separation or divorce. One spouse may have to pay maintenance to the other if the latter is financially weaker or, for example, is taking care of young children at home and cannot (fully) engage in gainful employment.
Spousal maintenance is usually divided into:
Maintenance during separation (Trennungsunterhalt): Maintenance paid from the time of separation until the divorce becomes final.
Post-marital maintenance (nachehelicher Unterhalt): Maintenance paid after the divorce decree has become final, subject to various factors such as length of the marriage, care of children, and the earning capacity of the weaker spouse.
3. Parental maintenance (Elternunterhalt)
If a parent requires long-term care and is unable to pay for care services, nursing homes or similar, adult children may – provided they have a sufficiently high income – be obliged to contribute to those costs in the form of parental maintenance.
This obligation is subject to various income thresholds and has been restricted by recent reforms in order to relieve families with low and middle incomes.
The Düsseldorfer Tabelle is the principal tool used in practice to calculate child maintenance in Germany. It takes into account:
The relevant net income of the maintenance debtor:
The monthly net income is calculated and assigned to an income group.
The age of the child:
The table distinguishes between age groups (e.g. 0–5, 6–11, 12–17, and 18+).
The number of children:
If the parent has more than one child to support, this affects the classification into income groups and thus the maintenance amount per child.
Note: The maintenance amounts of the Düsseldorfer Tabelle are reviewed and adjusted on a regular basis, usually once a year. Family courts, youth welfare offices and specialist family lawyers rely on these figures as the central guideline for both judicial decisions and amicable settlements.
If the child spends a significant amount of time with the parent who pays maintenance (for example under a shared residence arrangement or extended contact), this can be taken into account in determining the maintenance amount. In such situations, the monthly payment may be reduced or recalculated, as long as the child’s standard of living and basic needs remain secured.
German law ensures that the maintenance debtor is not pushed below his or her own subsistence level.
The minimum amount that must remain available to the maintenance debtor to cover their own living expenses is called Selbstbehalt (self-support).
This amount is regularly adjusted and depends on various factors, such as whether the debtor is employed, whether there are other maintenance obligations and whether the debtor is single or married.
During separation:
Maintenance during separation starts when the spouses effectively separate (e.g. when one spouse moves out of the marital home) or when a formal order regarding separation is issued, and continues until the divorce is final.
After the divorce:
Post-marital maintenance depends on a number of factors, including the duration of the marriage, the care and custody of children, the health of the spouses and their chances of earning their own living.
The calculation of spousal maintenance is fundamentally based on the idea that both spouses shared a specific standard of living during their marriage.
If, after separation or divorce, one spouse is significantly worse off financially, the other spouse may be required to support him or her in maintaining an appropriate standard of living – within the limits of the paying spouse’s financial capacity.
Care of young children:
If one parent has to take care of young children and cannot work full-time as a result, this may lead to a higher or longer-lasting maintenance claim.
Short marriages:
Where a marriage was very short, post-marital maintenance can be refused or limited to a short period of time.
Often it is preferable to try to reach an amicable agreement before going to court. This can be done through direct negotiations between the parties or with the assistance of advisory services.
For child maintenance, the Youth Welfare Office (Jugendamt) plays a key role:
It provides legal information on rights and obligations.
It helps parents calculate the appropriate amount of maintenance.
In some cases, it can record and certify an agreement, thereby creating an enforceable title.
If no agreement is possible, an application for maintenance can be filed with the family court (Familiengericht).
The court will issue a judgment or decision that serves as a maintenance title (Titel).
This title obliges the debtor to pay maintenance regularly.
If the debtor fails to comply, enforcement measures such as attachment of earnings or bank accounts can be initiated.
Maintenance obligations are not static. If there is a significant change in financial or personal circumstances, the maintenance amount can be adjusted, for example in the event of:
substantial loss of income (unemployment, illness),
substantial increase in income,
remarriage of the claimant or the debtor,
new maintenance obligations (e.g. birth of additional children).
The parties may adapt the maintenance by agreement or request a court to modify the existing title.
Advisory function:
The Jugendamt offers detailed advice on the rights and obligations of parents in relation to child maintenance.
Recording of paternity:
If the parents are not married, the Jugendamt can record and certify the father’s acknowledgement of paternity, which simplifies subsequent calculations of maintenance.
Advance maintenance payments (Unterhaltsvorschuss):
If the maintenance debtor does not pay or pays irregularly, or if his or her whereabouts are unknown, the Jugendamt can grant Unterhaltsvorschuss (advance maintenance) for the child as a state benefit.
The authority will then try to recover the amounts from the actual debtor.
If there is a binding judgment or an enforceable maintenance title (e.g. a youth welfare office deed or a notarial act), and the debtor still does not pay, enforcement action can be taken, including:
attachment of bank accounts,
garnishment of wages (the employer is notified and ordered to withhold the maintenance amount from the monthly salary),
further enforcement measures according to the Code of Civil Procedure.
When difficulties arise in enforcing maintenance claims, it is strongly recommended to consult a lawyer specialised in family law.
The lawyer can quantify the claims, obtain an enforceable title and take the necessary steps to enforce it.
Keep financial documents carefully:
Store all relevant documents such as pay slips, tax assessments, bank statements and contracts. They are essential for the initial calculation and any later reassessment of maintenance.
Use free or low-cost counselling services:
Family counselling centres, charitable organisations, trade unions and the Jugendamt often provide initial legal information and orientation free of charge or at a low cost.
Maintain direct communication whenever possible:
Open and respectful communication between the parties can help avoid lengthy, stressful and expensive court disputes.
Monitor updates to the Düsseldorfer Tabelle:
Since the values in the Düsseldorfer Tabelle are updated regularly, it is important to keep track of the current version to assess rights and obligations accurately.
Consult a specialist lawyer for family law:
In complicated cases or where large amounts are involved, a specialist lawyer can help you avoid procedural mistakes and ensure that the calculation is correct.
The system of maintenance (Unterhalt) in Germany is a key instrument to ensure that children and families have sufficient financial support. Especially in cases of separation or divorce, it aims to distribute the financial burdens fairly and to shield children as much as possible from the negative economic consequences of family breakdown.
The German Civil Code clearly defines rights and obligations and provides mechanisms for calculating, determining and enforcing maintenance claims. Anyone who wishes to better understand his or her legal position or to calculate maintenance correctly should seek advice from official counselling centres, the Jugendamt or specialised lawyers.
Keeping up to date with legal reforms, ensuring financial transparency and cooperating in good faith are crucial elements in finding fair solutions and securing the best possible future for children in Germany.
The editorial team of this website makes every effort to provide accurate information based on thorough research and consultation of multiple sources. Nevertheless, errors may occur or some information may not be fully verified. The content of this article should therefore be regarded as an initial point of reference only. For binding legal advice and authoritative decisions, you should always contact the competent authorities and qualified experts or legal professionals.
