Maintenance in Germany: Child and Spousal Support — Who Pays, How Much and for How Long

Maintenance (Unterhalt) is one of the most common topics in German family law. A distinction is made between child maintenance (Kindesunterhalt), maintenance for a spouse during separation (Trennungsunterhalt) and after divorce (nachehelicher Unterhalt). Below are the key rules, the current Düsseldorfer Tabelle guideline figures for 2026 and what to do if maintenance is not paid.

Child maintenance (Kindesunterhalt)

Relatives in the direct line are obliged to support one another (§ 1601 BGB). The parent with whom a minor child lives generally fulfils their obligation through care and upbringing; the other parent pays cash maintenance (§ 1606 Abs. 3 BGB). A minor child may claim maintenance as a percentage of the statutory minimum (Mindestunterhalt, § 1612a BGB).

In practice, courts determine the amount using the Düsseldorfer Tabelle — a guideline issued by the Higher Regional Court of Düsseldorf (it is not a statute but a generally accepted guide). Minimum requirement from 01.01.2026:

Half of the Kindergeld is deducted from these amounts if the other parent provides the child's care (§ 1612b BGB). Where the payer has a higher income, the amounts are higher. The payer retains a personal minimum (Selbstbehalt); however, an increased obligation applies towards minor children: parents must use all available means equally for themselves and for the children (§ 1603 Abs. 2 BGB).

Maintenance during separation (Trennungsunterhalt)

While the spouses live apart but are not yet divorced, one may claim maintenance from the other in line with the spouses' standard of living and income (§ 1361 BGB). Once divorce proceedings have been filed, this also includes the costs of pension insurance.

Maintenance after divorce (nachehelicher Unterhalt)

After divorce, the principle of self-sufficiency applies: each spouse is responsible for their own support (§ 1569 BGB). A maintenance entitlement exists only in the cases provided for by law, in particular:

• caring for a joint child — for at least three years after the birth, and longer if this is equitable, taking into account the child's interests and the available childcare options (§ 1570 BGB);
• age, illness, unemployment, and top-up maintenance to the standard of living during the marriage — under §§ 1571 ff. BGB.

The court may reduce maintenance or limit its duration if unlimited maintenance would be inequitable — taking into account the disadvantages to earning capacity that arose as a result of the marriage (§ 1578b BGB). Examples from practice: spousal maintenance during separation, maintenance after divorce.

If maintenance is not paid

1. A written demand together with a request for information on income.
2. An enforceable title: a court decision, a notarial deed or a deed issued by the Jugendamt (Jugendamtsurkunde).
3. Enforcement proceedings — attachment of wages and bank accounts.
4. Unterhaltsvorschuss: if the child receives no maintenance or does not receive it in full, the parent with whom the child lives can apply to the Jugendamt; under certain conditions — until the child turns 18 (§ 1 UVG).

Evading a statutory maintenance obligation in a way that endangers the recipient's support is punishable by imprisonment of up to three years or a fine (§ 170 StGB). Examples: difficulties in enforcing maintenance, calculating and enforcing "difficult" maintenance claims.

Amending maintenance

If income or other circumstances have changed substantially, either party may seek an amendment of the court decision (§ 238 FamFG). Payments must not be stopped or reduced unilaterally — arrears will accrue.

Frequently asked questions

How much child support has to be paid in Germany?

The amount depends on the payer's income and the child's age; in practice, courts are guided by the Düsseldorfer Tabelle. Minimum requirement from 01.01.2026: €486 (ages 0–5), €558 (ages 6–11), €653 (ages 12–17) — before deduction of the child benefit (Kindergeld) share (§ 1612b BGB).

Is a former wife entitled to maintenance after divorce?

Only on statutory grounds. After divorce, each spouse is, as a rule, responsible for their own support (§ 1569 BGB). Maintenance may be payable, for example, because of caring for a joint child — for at least three years after the birth (§ 1570 BGB) — or because of age, illness or unemployment; the court may reduce it or limit its duration (§ 1578b BGB).

What can I do if the other parent does not pay child support?

Maintenance can be enforced through the court and enforcement proceedings. As long as the child is not receiving maintenance, the parent with whom the child lives can apply to the youth welfare office (Jugendamt) for maintenance advance payments (Unterhaltsvorschuss, UVG). Evading maintenance obligations in a way that endangers the child's support is a criminal offence (§ 170 StGB).

Can maintenance be reduced if my income has fallen?

Yes, in the event of a substantial change in circumstances, an amendment of the court decision can be sought (§ 238 FamFG). The existing obligation remains in force until a decision is made, so you need to act immediately.

Is child support payable if the child lives alternately with both parents?

Under the Wechselmodell, both parents are obliged to support the child in proportion to their income (§ 1606 Abs. 3 BGB); the calculation is more complex than under the usual residence model.

Conclusion

Calculating maintenance in Germany depends on many factors: income, the children's ages, the residence model and other obligations. We calculate maintenance and help you enforce it or defend against unjustified claims — throughout Germany.

This article is for general information only and does not replace individual legal advice.