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Is a loan taken into account in the maintenance calculation?

How are debts counted towards maintenance?

When calculating alimony, single debts of one spouse can be taken into account in individual cases. This is particularly the case if the debts were incurred before the separation and were paid off during the marriage. These can then be deducted from the debtor’s income.

Does a car loan count toward child support?

The Brandenburg Higher Regional Court announced a decision on this on June 12.6.2020, 9 (Az 166 UF 19/2021, published in NJW Spezial 3, XNUMX) and stated the following: Car financing costs are not — additionally — to be taken into account.

What is taken into account when calculating child support?

In the case of children of full age, the child benefit is to be credited in full to the child maintenance of the child resulting from the Düsseldorf table. An example: If the parents have a total income of €4.600,00, the needs of the adult child correspond to the 8th

Are private debts included in child support?

In the case of child support, however, the debt deduction must not result in the minimum maintenance being undercut, i.e. the lowest amount in the Düsseldorf table. In other words: This minimum maintenance must be paid in any case, no matter how high the debt is.

Child support simply explained

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What are Maintenance Liabilities?

This primarily includes the expenses for the so-called primary old-age provision, i.e. contributions for the statutory pension insurance as well as for civil servant pensions. The self-employed also have the option under maintenance law to make corresponding expenses for an old-age pension.

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Is a loan a debt obligation?

1. Term: IeS the temporary provision of capital or purchasing power (lending), iwS the trust in the ability and willingness to meet debt obligations (obligation to repay or to provide cover (revaluation)) (creditworthiness).

Which loans are taken into account for child support?

The deductibility of child support debts must be optimally balanced in terms of credit obligations and child support. For example, a real estate loan is taken into account if at least the minimum maintenance for the child in question is guaranteed.

What does a father have to pay in addition to child support?

What must be paid in addition to child support? What counts as special needs in child support is usually assessed individually. Things like medical bills, childcare costs, allergy-related facility costs, school trips or dentist costs are usually considered special needs.

What shouldn’t be included in maintenance?

Voluntary third-party benefits: Voluntary third-party benefits (e.g. payments or benefits in kind from parents/grandparents) are not included in income unless there is an entitlement to such benefits.

How high is the deductible for maintenance in 2023?

Since January 1, 2023, the parent with whom the child does not live must pay at least 396 euros per month if the child is under the age of six. For older children more. Anyone who has to pay maintenance and works can keep at least 1.160 euros for themselves.

Which insurances can be deducted from maintenance?

Can the following insurances be deducted from income when calculating maintenance?
  • Disability insurance: yes.
  • Household insurance: no.
  • Endowment life insurance: …
  • Car insurance: …
  • Health insurance: …
  • Private health insurance: …
  • Personal liability insurance: …
  • Legal protection insurance:
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When do debts at the youth welfare office become statute-barred?

Attention: Maintenance claims become statute-barred within one year! If the parent who is responsible for maintenance does not pay despite being asked to do so, they must be sued after one year at the latest (KG NZFam 2017,1012, XNUMX).

How does the youth welfare office calculate the maintenance?

When calculating child support, 45% of the differential income is usually determined as a maintenance claim. Until December 31.12.2021, 3, the determination of 7/XNUMX of the differential income was still valid.

When can the father reduce child support?

Maintenance can be reduced if e.g. B. the maintenance payment is unreasonable for the debtor, after a short marriage or a new life partnership of the maintenance beneficiary.

Is rent deductible for maintenance?

rent and maintenance

The spouse who has moved out and still has to pay rent can deduct these rent payments from his or her income when calculating maintenance. This applies to both spousal and child support.

Does the salary of the new partner count towards maintenance?

Determination of the maintenance-relevant income. Does the income of the new (spouse) partner of the maintenance debtor count when determining the maintenance-relevant income? No! The maintenance obligation only depends on how much the maintenance debtor earns.

Can the father refuse to pay child support?

If you are considered the legal father of a child, you are responsible for maintenance. If you want to refuse child support, you need understandable reasons and you have to explain and prove an exception to the rule. When in doubt, it says «for the child».

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What is the deductible if you have to pay maintenance?

According to the maintenance guidelines of the OLG Düsseldorf, the necessary personal needs are to be applied to minors and privileged adult children. If the person responsible for maintenance is employed, this amounts to EUR 1.160, and EUR 960 for those who are not employed.

What counts in the deductible?

The deductible is calculated from expenses, eg for rent, which a single parent has to pay. If the person responsible for maintenance moves in with a new partner, the costs for rent and living expenses are usually reduced.

When do you not have to pay alimony?

the maintenance obligation ends when the child is of legal age and earns its own income. the father does not have to pay if the child does not fulfill his/her duty to work, does not pursue an apprenticeship or discontinues a course of study for good.

How can I reduce the alimony?

Child support reductions for adult children

The maintenance can be reduced if the child becomes in need of maintenance through its own moral fault. Child maintenance can be reduced if the child grossly violates its own maintenance obligation towards the parent who is obliged to provide maintenance.

Is a father entitled to half child benefit?

Child benefit is only ever paid to one parent for a child. If the parents are separated, child benefit is paid to the parent with whom the child lives most of the time. If the other parent has to pay maintenance, the maintenance is reduced by half of the child benefit.

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