Everything you need to know about insolvency and child support (Unterhalt) – what remains due?

What is child support (Unterhalt)?

It is a legally mandatory financial amount paid by the parent (or parents) who does not live with the children, to cover their living costs such as:

• Food and clothing.

• Education and school activities.

• Rent and daily expenses.

Does child support lapse in case of insolvency?
No, it never lapses.

Under German law, maintenance is classified as a non-dischargeable debt. Even after the good conduct period (Wohlverhaltensperiode) ends and the final discharge is granted, these obligations remain in place.

Why does child support not lapse?

• Protecting the child’s best interest and ensuring a dignified life.

• Maintenance is a social and moral duty before it is a financial obligation.

• It is considered a privileged debt with priority over most other debts.

What happens if the debtor does not pay child support during insolvency?

• The child (or their legal representative) can take direct individual enforcement measures, such as garnishing wages or a bank account.

• The maintenance creditor has legal priority when any garnished income is distributed.

How is the amount of child support calculated during insolvency?
Child support is calculated based on:

• The parent’s net income.

• The number of children entitled to support.

• The children’s ages (according to the Düsseldorfer Tabelle).

Even if income decreases due to insolvency, the debtor remains obliged to pay the minimum child support.

Is child support deducted from the garnishment exemption limit (Pfändungsfreigrenze)?
Yes. When determining the protected monthly exemption limit, maintenance obligations are taken into account, which increases the amount left to the debtor to cover these obligations before any other amounts are deducted.

What if the debtor is unemployed during insolvency?

• They remain legally obliged to seriously seek work to secure child support.

• An application can be submitted to the Jugendamt (youth welfare office) or the court to cover support temporarily, but the debtor remains responsible for reimbursement later.

Important tips for the debtor

• Make sure to pay child support on time, even during insolvency.

• Provide clear documents to prove your actual income when support is reviewed.

• Seek advice from a lawyer or Schuldnerberatung if you face severe financial difficulties.

• Do not ignore child support claims, as they may lead to strict legal proceedings.

Conclusion
Personal insolvency in Germany does not cancel your obligation to pay child support (Unterhalt). This support remains a legal and social priority and cannot be written off even after the final discharge from other debts. Continuous compliance and timely payment protect your legal situation and safeguard your children’s right to a stable and dignified life.

— The website’s writers and editors strive to provide accurate information through extensive research and consulting multiple sources when writing articles. However, some errors may occur or some information may be unconfirmed. Therefore, please consider the information provided as an initial reference and always consult the competent authorities to obtain confirmed information.